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B-183450 1 (1975-11-13)

handle is hein.gao/gaobadctg0001 and id is 1 raw text is: Lot AARc - ~THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0.C. 2054 FILE: B-183450 DATE: November 13, 1975 MATTER OF: Environmental Tectonics Corporation DIGEST: 1. Where contracting officer determined offeror was nonresponsible due to unsatisfactory ratings in production capability, perfor- -mance record, and ability to meet required delivery schedule, although some information in preaward survey was erroneous, and where SBA declined to issue COC primarily on basis of lack of financial capacity, it cannot be said that determination of nonresponsibility was unreasonable or without factual basis. Furthermore, denial of COC by SBA must be viewed as affirmation of nonresponsibility determination. 2. Although offeror denied COC by SBA contends denial was erroneous and should be reconsidered on basis of certain financial infor- mation, GAO has no authority to review SBA determination or to require SDA to issue COC or to reopen case. Request for proposals No. DSAl20-75-R-1050 was issued by the Defense Personnel Support Center (DPSC) of the Defense Supply Agency (DSA) for the procurement of surgical instrument and dressing sterilizers. The Environmental Tectonics Corporation (ETC) protests the decision of DPSC not to make award to ETC, the low offeror, due to a determination that ETC is not a responsible offeror. No award had been made. The decision that ETC is not responsible was based upon a negative preaward survey of that firm made by the Defense Contract Administration Services District (DCASD). Of the nine factors evaluated, DCASD rated ETC as unsatisfactory on production capability, performance record, and ability to meet the required delivery schedule. The six remaining factors, including the financial capability of ETC, were rated as satisfactory. In view of these survey findings and in view of the fact that ETC is a small business, the matter was referred to the Small Business Adminis- tration (SBA), Region III, for review and consideration as to the pos- sible issuance to ETC of a certificate of competency (COC), pursuant to Armed Services Procurement Regulation (ASPR) § 1-705.4 (1974 ed.). Although the SBA initially indicated it intendedto issue a COC to ETC, the final SBA decision, dated March 17, 1975, was that based upon an analysis of all available information no COC would be issued. - 1 -

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