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B-189925 1 (1977-11-07)

handle is hein.gao/gaobadfhg0001 and id is 1 raw text is: rzol - ~ .THE CONITPTRfLLER CiENERAC1' DECISION . . OF THE UNITED STATEB ;WASHINGON. D.C. 20540 FILE: 3-189925 DATE: November 7, 1977 CZ) MATTER OF: Dunlin Corporation DIGEST. Small business' protest of agency's finding that it is nonresponsible is dismissed where matter has been referred to SEA for final disposition under Section 501 of P.L. 95-89. Dunlin Corporation (Dunlin), a small business, has protested the U.S. Navy's determination that Dunlin has been unable to demon- strate its responsibility to perforn under solicitations No. N00104- 77-B-0773 and N00104-77-B-C774. Section 501 of P.L. 95-89, 91 Stat. 561, amending Section 8(b) of the Small Business Act of 1958, states that the Small Business Admitistration (SBA) is empowered in its discretion: To certify to Government procurement officers and officers engaged in the sale and disposal of Federa, property, with respect to all elements of responsibility, in:luding but not limited to capability, competency, capacity, credit, integrtty perseverance, and tenacity, of any small business concern or group of such concerns to receive and perform a specific Governtent contract. A Govern- ment procurement officer or an officer engagnd in the sale and dispasal of Federal property may not, for any reason sv-cified in the preceding sentence, precliide any small bisiness concern or group of such concerns from being awarded such contract without referring the matter for final disposition to the Administration. The Navy has advised us that the matter has been referred to SBA for final disposition. Accordingly, the protest is dismissed. Paul G. Dembling CGneral Counsel - 1-

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