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B-188389 1 (1977-02-28)

handle is hein.gao/gaobadekc0001 and id is 1 raw text is: Is. *1 :.THE COMPTROLLER ONERAL DECIBIUN OP ..ae UNITED ETATEU WAUHOW#.TON. 0. C. 10545 FILE: 5-1883M9 DATE: ftbrary g 17= S MATTER OF: Lulejian & Asociates, Inc. DIGEBT: Rejection of low small business proposal where SBA declined to issue certificate of competency is not matter for resolution pursuant to GAO's bid protest function. This Is a protest by Lulejian & Associates, Inc. (Lulejian), conceriiing the rejection of its proposal under request for proposals No. 704704-7-t-0023 issued by the Space and Missile Systems Organiza- tion, Noton Air Force Base, Califoria. Lulejian wa found to be nonrasponsible -by the contracting officer. Since Lulejian is a small business concern, the matter was referred to tbeSmall Business Administration (SBA) pursuant to Armed Services Procurement Regulaton (ASPR) § 1-705.4 (1976 ad.) for a determination as to whather a Certificate of Competency (COC) would be issued. Pursuat to 15 U.S.C. 637(b)(7) (1970), SEA is empowered to certify conclusively to Government procurement officials with respect to the competency and credit of any small business concern to perform specific Government contracts. SEA declined to issue Lulejian a CDC for this contract. Lulejian believes the denial of the COC was arbitrary, capricious and unreasonable and based on an erroneous interpretation of SEA's regulations. Our Office does not involve itself in protests concerning rejection of a small business proposal in which SEA has refused to Issue a COC. This is so because the statute which established the adshistrativ' proteas for conclusively determining the capacity and credit of a small business concern places the primary jurisdic- tion therefor ir2 the SBA. Accordingly, this effice does not review SEA detemination in such matters and we have no authority to I

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