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B-190319 1 (1977-11-25)

handle is hein.gao/gaobadfkk0001 and id is 1 raw text is: 1t kLIt r - * THE COMPTRCLI MRAL DECISION . 1 OF THE UNITE. STATEf3 W ASBHINGSTt3N. :3.Cr. 2054-O FILE: B-190219 DATE: November 25, 1977 01 MATTER OF: North American Business Machines Corporation DIGEST: Contracting officer's determination of nonresponsibility of small businesa concern and SBA's refusal to issue certificate of competency will not be reviewed. North American Business Machines Corporation (North American) has protested the rejection of its bid under sclicitation No. MDA903-78-B-0003, issued by the Defense Supply Service, Depart- ment of the army. North American was found to be nonresponsible by the contracting officer pursuant to Armed Services Procurement Regulation (ASPR) § 1-903.1(iv) (1976 ed). Since North American is a small busliess concern, the matter vas referred to the Small Business Administration (SBA) pursuant to ASPR 9 1-705.4 (1976 ed.) for a determination as to whether a Certificate of Competency (COC) should be issued. Under 15 U.S.C. § 637(b)(7) (1970), SBA is empowered to certify conclusively to Government procurement officials with respect to the coipetency and credit of any small business concern to perform specific Government contracts. By telegram, dated September 30, 1977, the SBA declined to issue a COG stating that its decision was based on a comprehensive analysis of all avE.ilable information. North American beeinver that the contracting officer's deter- mination of nonresponsibilitc and SBA's refusal to issue a COG were based on erroneous facts. Our Office does not review the propriety of SBA's COC deter- minations, and will not question a contracting officer's determina- tion of nonrespensibility of a small business concern w re it has been affirmed by SBA's .anial of a COC. Professional Maintenance Service, B-189148, June 21, 1977, 77-1 CPD 442; Drexel Industries, Inc., B-1.86840, November 22, 19;6, 76-2 CPD 439. Also, we have no 'i I

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