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B-186751 1 (1976-10-29)

handle is hein.gao/gaobadefw0001 and id is 1 raw text is: 






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             FILE:     -186751                   DATE:      October P99, 17(6

             MATTER OF:       Precision Electronics Labs


             DIGEET:


                     -Where  small business conceinis  found to be
                       nonresponsible by procuring activity, GAO
                       will not roview COO determination by SB4
                       absent showing thda either SBA (which
                       denie  a COO) oragency  failed to consider
                       information vital to renpnsibility  deter--
                       minatiyn.


                  Precision Electronics Labs (Precision) protests against award
             of a contract by the Departmont of the Navy to Televiso Corporation
             under invitation for bids (2211) X00383-76-W-0102,.

                  Precision's low bid was rejected by the contracting officer on
              the basia that Precision was not a responsible bidder after review
              'of the recommendation and findings of the preaward survey team,    Since
              Precision was a small business eoncera, the contracting officer
              referred the quebien of Precision's capacity and/or credit to the
              Small. dusinens Adriistration (SBA) in accordance with Armed Services
              Procurement Regulation (ASPR) § 1-705.4(c)(1975 ed.). By letter
              dated May 24, 1976, SBA declined to issue Irecioion a certificate
              of competency (COC),

                  Wa have consistently hold that the refusal by SBA to issue a
             COO must..be viewdd as an affirmation of the contracting officer's
             negative determination.  Additionally, under 15 U.SIC,.  637(b)(7)
             (1970), the SBA has the authority t  issue or deny a COO and our
             Office has no authorityto'review  an SBA determination, to require
             issuance of a  0Co, or to reopen a case when a COO has 'een denied.
             Ztngor Construction Company, Inc., B-185390, December 16, 1975,
             75-2 CPD 397, and cases cited in text.  While our Office will
             recommend a reauscsment  of the respnnsibility of a prospective
             contractor whece it appears that all(relevant information las not
             been considered, Precision has no.: presented any evidence to show

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