About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186258 1 (1976-04-21)

handle is hein.gao/gaobaddov0001 and id is 1 raw text is: -~- '.THE COMPTROLLER GENER~AL .or- THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-186258 ATE: April 21, 1976 MATTER OF: Rodan Industries, Inc. DIGEST: Where protester requests that no award be made pending SBA's COC determination and alleges no other grounds of protest, matter is dismissed since no basis has been provided for questioning agency's compliance with FPR § 1-1.708-2(a) relative to withholding award pending SBA determination. This is a protest filed by Rodan Industries, Inc. (Rodan), concerning Bureau of Reclamation solicitation (No. DS 7183). Essentially Rodan requests that no award be made to any other firm since a referral will be made to the Small Business Administration for a Certificate of Competency (COC). Under 15 U.S.C. 637(b)(7),.SBA has authority to issue or not issue a COC. Our Office is without authority to review SBA determinations, or to require it to issue a COC. Nor may we require SBA to reopen a COC case which SBA has decided. 51 Comp. Gen. 448, 451 (1972); 53 Comp. Gen. 344, 345, 346 (1973). Moreover, Section 20.4 of our bid.protest procedures provides that procuring agencies will not make award prior to resolution of the protest except as provided in the applicable procurement. regulations. 40 Fed. Reg. 17979 (1975). In this connection, Federal Procurement Regulations § 1-1.708-2(a) (1964 ed.) provides that where a referral is made to SBA award shall be withheld until SBA action concerning issuance of a COC, or until 15 working days after the matter is referred to SBA. The protester has provided no basis'for questioning the agency's compliance with this regulation. Accordingly, we are unable to provide any relief and the pro- test is dismissed. Paul G. Dembling General Counsel

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most