B-210703, FEB 22, 1983

B-210703, FEB 22, 1983

DIGEST: 1. GAO WILL NOT UNDERTAKE AN INDEPENDENT REVIEW OF A CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION OF A SMALL BUSINESS CONCERN BECAUSE THE SMALL BUSINESS ADMINISTRATION, NOT GAO, HAS STATUTORY AUTHORITY TO DETERMINE CONCLUSIVELY A SMALL BUSINESS CONCERN'S RESPONSIBILITY. 2. GAO WILL NOT REVIEW THE SMALL BUSINESS ADMINISTRATION'S DECISION NOT TO ISSUE A CERTIFICATE OF COMPETENCY WHERE THE PROTESTER FAILS TO MAKE A PRIMA FACIE SHOWING OF FRAUD OR WILLFUL DISREGARD OF THE FACTS.

COAST CANVAS PRODUCTS II CO., INC.:

COAST CANVAS PRODUCTS II CO., INC. PROTESTS THE CONTRACTING OFFICER'S NEGATIVE DETERMINATION OF ITS RESPONSIBILITY AND THE SMALL BUSINESS ADMINISTRATION'S (SBA) REFUSAL TO ISSUE IT A CERTIFICATE OF COMPETENCY (COC) UNDER DEFENSE LOGISTICS AGENCY SOLICITATION NO. DLA100 83-B-0054. WE DISMISS THE PROTEST.

THE SBA, NOT THIS OFFICE, HAS STATUTORY AUTHORITY TO REVIEW A CONTRACTING OFFICER'S NEGATIVE DETERMINATION AND TO DETERMINE CONCLUSIVELY A SMALL BUSINESS CONCERN'S RESPONSIBILITY BY ISSUING OR REFUSING TO ISSUE A COC. 15 U.S.C. SEC. 637(B)(7) (SUPP. IV 1980). CONSEQUENTLY, WE WILL NOT UNDERTAKE AN INDEPENDENT REVIEW OF A CONTRACTING OFFICER'S NONRESPONSIBILITY DETERMINATION, SINCE SUCH REVIEW WOULD BE TANTAMOUNT TO A SUBSTITUTION OF OUR JUDGMENT FOR THAT OF THE SBA. NUMAX ELECTRONICS INCORPORATED, B-204632.2, DECEMBER 10, 1981, 81-2 CPD 457.

MOREOVER, THIS OFFICE DOES NOT REVIEW THE SBA'S DECISION CONCERNING A COC OR TO REQUIRE THE REOPENING OF A CASE WHERE A COC HAS BEEN DENIED UNLESS THE PROTESTER MAKES A PRIMA FACIE SHOWING OF FRAUD OR WILLFUL DISREGARD OF THE FACTS. FRED CRANER, B-207988, JULY 12, 1982, 82-2 CPD 45. THE PROTESTER HAS MADE NO SUCH SHOWING.

THE PROTEST IS DISMISSED.