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B-188476 1 (1977-03-25)

handle is hein.gao/gaobadelp0001 and id is 1 raw text is: I THU COMPTROLLER SENSUAL DMsCI ICNS.. oP THU UNITa STATrS *WASHINGTON. 0. C. 20ge8 FILE: 1-186476 DATE: arob 25, 1977 MATTER OF: R & 0 Industries, Inc. DIGEST: Small business' capacity to perform anticipated contract is for resolution by contracting officer and by Small Business Administration. Accordingly, protest asuerting such capacity is dismissed. I & 0 Industries, Inc. (R & 0) alleges that it was the loy reuponsible bidder on items 5, 6, 7, 8, 10, 11, 24 and 28 unde:soliciation TAN-F2-95107, issued by the federal Supply Service, General Services Administra- tion (GSA). It protests the possible award of these items to any bidder ,ither than iLself. R & 0 is con- cernad that the.contsracting officer on this solicitation may have determined that I & 0 is not a responsible offeror and thus is ineligible for award. To demonstrate its capacity to perform, R & 0 has itubmitted information to GSA and to this -Office intended to show its compliance with the terms of another recent GSA contract requiring the delivery of aimiliar items. If a bid of a small business concern is to be re- jected ont the basis that itis nonresponsible for lack of capacity to perform a contemplated contract, normally the matter is for final determinat ion by the Suall Business Administration (SBA), vhich is empowdred to issue a Certificate of Competency (COC). Federal Procurement Regulations 1-1.703-2.(a). -R & 0 indicates that such a referral has been made in its case. Under 15 U.S.C. I 637(b)(7)(1970), the-SBA has the authority to issue or deny a COC, which conclusively determines the capacity or credit of a small business - 1- _- . 1

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