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B-189115 1 (1977-10-31)

handle is hein.gao/gaobadfha0001 and id is 1 raw text is: o rq THE COMPTROLLER ENENAL OECI3IcN . OF THE UNITED ETATEE 0 WAUHINGTON. D.C.a20 ag C) FILE: B-189115 DATE: October 31, 1977 MATTER OF: Inflated Products Company, Inc. DIGEBT: Contracting officers ire encouraged to reconsider finding of nonresponsibility after SBA denial of Issuance of certificate of competency where new inforation, probative of bidder's responsibility, cores to light between denial of COC and date of contract iard. Absent bad faith ot fraud, GAO will not uview a contracting officer's finding of non- responsibility upon reconsideration after denial of a CDC where it appears that the bidder's new information has been fully considered. Inflated Products Company, Inc. (Inflated Products), protests any award to any other bidder under solicitation No. DAK01-77-E-5011 issued ,by the United States Army Troop Support Command. Inflated Products con- tends that it is now the low responsive, responsible bidder. The record in this matter showe that the cntracting officer, after a preaward survey, found Inflated Products to be nonresponsible on the basis of past performance and for lack of financial capacity and referred the matter to the Small Bustness Administration (SBA) on July 28, 1977. On August 18, 1977, the SBA tasued its dete'mination not to award a certificate of competency fCOC) to Inflated Products. On October 3, 1977, Infiated Products filed this protest, contending that it has new information, forwarded by message dated October 5, which shows it to be a responsible bidder. The coarracting officer states that all information submitted by Inflated Products, up to and including the message of October 5, has been considered and reconsiderid and he still finds Inflated Products to be nonresponsible. As we stated in Inflated Products Comanv. In1orErated, B-188319, May 25, 1977, 77-1 CFD 365: In the recent cases of Precision Electronics Labs, B-186251, October 29, 1976, 16-2 CPD 369, and Crawford Development and Manu- facturin, B-188110, March 15, 1977, 77-1 CPD 193, we stated our willingness to recommend reassessment of the responsibility of a prospretive contract where it appears that either SBA or the agency failed to consider all relevant information. Although we do not rEview the agency's initial determination that a small

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