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107905 1 (1978-10-24)

handle is hein.gao/gaobacxsc0001 and id is 1 raw text is: 
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                  UNITED STATES GENERAL AccoUNTING OFFICE
                          WASHINGTON. D.C. 20548

                                                 *EP'L B-191788
OICE CO GENERAL COUNSEL

                                                  June 15, 1978


                                                               LMi07905



      Mr. N. E. Chrisfield,  President
      Owatonna Services,  Inc.
      P. 0. Box  672
      Owatonna, Minnesota   55060

      Dear Mr. Chrisfield:

           This  is in response to your protest filed on behalf
      of Owatonna Services,  Inc. under Invitation for Bids (IFB)
      F05611-78-B-0026,  issued by the U. S. Air Force Academy,
      Colorado Springs,  Colorado.  You protested the Air Force's
      rejection  of Owatonna's bid as nonresponsive and asserted
      the alleged  deficiencies cited by the Air Force were matters
      affecting  the firm's responsibility.  Therefore you requested
      that  the matter be referred to the Small Business Administra-
      tion  (SBA) for possible issuance of a Certificate of Compe-
      tency  (COC).

           We have been  advised by the Air Force that the con-
      tracting officer  has reevaluated your bid and now considers
      it  responsive.  However, he has found Owatonna nonresponsi-
      ble and has  forwarded the contract file to the SDA for a
      COC  determination.  Under 15 U.S.C. S 037(b)(7) (1970), as
      amended by Pub.  L. No. 95-89 S 501, 91 Stat. 553, the SBA
      has authority  to conclusively determine all elements of
      responsibility.   Accordingly, our Office does not review
      SBA determinations  or require the SBA to issue a COC even
      if we disagree with  SBA's judgment.  Red Ball Transfer &
      Storage, B-190255,  December 21, 1977, 77-2 CPD 492.  Fur-
      thermore,  inasmuch as the Air Force has complied with your


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