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B-190450 1 (1977-10-28)

handle is hein.gao/gaobadfgv0001 and id is 1 raw text is: THU COMPTROLLERM ENSIAL CECISION P. OF iNE UNITED STATUS WASMINGTON. 0.C. 0548 Fk.E: 8-190450 DATE: October 28, 1977 MATTER OF Ikard Manufacturing Co. DIGEST: GAO will noc review determination of nonresponsibility of small business bidder where matter was referred to SEA, because dispoeitionsof SBA with regard to matters of responsibility are final. Ikard Manufacturing Co. (Ikard), a small business concern, protests a determination of nonresponsibility concerning its firm, under invitation for bids (IF) Mo. DAAHO1-77-B-0404 issued by the U. S. Army Missile Materiel Readiness Command (Army). The IFB called for bids to provide optical filters. We have been inforated by the Army that the contracting officer made a determination of negative responsibility with regard to Zkard and the matter was than referred to the Small Business Administration (SBA) for final dia- position. Under 15 U.S.C. I 637(b)(7) (1970) as amended by Pub. L. 95-89, 1 501, 91 Stat. 561, August 4, 1977, the SEA has authority to certify to Government procure- mont officers with raspect to all elments of responsi- bility, including, but not limited to, capability, competency, capacity, credit, integrity, perseverance, and tenacity of any small business concern * * * tc recsive and perform a specific Government contract. This. Office doec not review SEA determinations or require the SEA to issue Certificates of Comperency because, by law the disposition of the SBA on the matter to final. Ac-ordingly, this protest is dismissed. Paul G. Pambling General Counsel

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