B-208130, AUG 3, 1982
Highlights
DIGEST: PROTEST OF SMALL BUSINESS OFFEROR'S RESPONSIBILITY IS DISMISSED WHERE THE SMALL BUSINESS ADMINISTRATION (SBA) IS CURRENTLY REVIEWING A NEGATIVE RESPONSIBILITY DETERMINATION. SBA DETERMINATION ON THE ISSUANCE OF CERTIFICATE OF COMPETENCY IS NOT REVIEWABLE BY GAO IN THE ABSENCE OF A SHOWING OF FRAUD OR BAD FAITH. THE PROTEST IS DISMISSED. WE HAVE BEEN INFORMALLY ADVISED BY DLA THAT THE CONTRACTING OFFICER CONDUCTED A PREAWARD SURVEY AND DETERMINED THAT JOSEPH HIRSH WAS NONRESPONSIBLE. BECAUSE JOSEPH HIRSH IS A SMALL BUSINESS. THE NEGATIVE RESPONSIBILITY DETERMINATION WAS FORWARDED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC). THE SBA DETERMINATION ON A COC GENERALLY IS NOT REVIEWABLE BY OUR OFFICE IN THE ABSENCE OF A SHOWING OF FRAUD OR BAD FAITH.
B-208130, AUG 3, 1982
DIGEST: PROTEST OF SMALL BUSINESS OFFEROR'S RESPONSIBILITY IS DISMISSED WHERE THE SMALL BUSINESS ADMINISTRATION (SBA) IS CURRENTLY REVIEWING A NEGATIVE RESPONSIBILITY DETERMINATION. SBA DETERMINATION ON THE ISSUANCE OF CERTIFICATE OF COMPETENCY IS NOT REVIEWABLE BY GAO IN THE ABSENCE OF A SHOWING OF FRAUD OR BAD FAITH.
GIBRALTER INDUSTRIES, INC.:
GIBRALTER INDUSTRIES (GIBRALTER) PROTESTS ANY AWARD OF A CONTRACT BY THE DEFENSE LOGISTICS AGENCY (DLA) TO JOSEPH HIRSH UNDER SOLICITATION NO. DLA100-82-B-0705. GIBRALTER CONTENDS JOSEPH HIRSH CANNOT MANUFACTURE THE REQUIRED CLOTH PRODUCT BECAUSE IT HAS NO SOURCE FOR A NECESSARY FABRIC. THE PROTEST IS DISMISSED.
WE HAVE BEEN INFORMALLY ADVISED BY DLA THAT THE CONTRACTING OFFICER CONDUCTED A PREAWARD SURVEY AND DETERMINED THAT JOSEPH HIRSH WAS NONRESPONSIBLE. BECAUSE JOSEPH HIRSH IS A SMALL BUSINESS, THE NEGATIVE RESPONSIBILITY DETERMINATION WAS FORWARDED TO THE SMALL BUSINESS ADMINISTRATION (SBA) FOR POSSIBLE ISSUANCE OF A CERTIFICATE OF COMPETENCY (COC). SBA HAS NOT YET DETERMINED WHETHER TO ISSUE A COC.
THE SBA DETERMINATION ON A COC GENERALLY IS NOT REVIEWABLE BY OUR OFFICE IN THE ABSENCE OF A SHOWING OF FRAUD OR BAD FAITH, NEITHER OF WHICH IS ALLEGED HERE. VERNITRON CORPORATION, B-201832.4, SEPTEMBER 25, 1981, 81-2 CPD 250, AND 15 U.S.C. SEC. 637(B)(7) (SUPP. III, 1979).
THE PROTEST IS DISMISSED.