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B-192585 1 (1978-08-29)

handle is hein.gao/gaobadgji0001 and id is 1 raw text is: 


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               4 S 4 W   THE  COMPTPOL.L.4m   UsNKWAL
ldECISIOiN     .OF rHE uNITED S BTATEMS8
                 3-' 1 WASHINGTON. D.C. 054n


FILE: -319285


DATEI~ August 2


9, 1978


MATTER   OF: SMR Corporation


9


DIGEST;


Where small business concern  is found to be
nonresponsible by procuring activity,  subse-
quent denial of Certificate of  Competency by
Small Business Administration  is viewed as
affirmation of nonresponsibility which  is
final ana not for review by GAO.


4   -


    SMR Corporation  (SMR) protests
Small Business Administration  (SBA
Certificate of Competency  (COC) in
vitation for bids No,  51-78-061, i
States Department of Housing  and U
(HUD ,


the  refusal of the
  to issuo it a
  connection with in-
ssued by the United
rban Development


    SMR advises that HUD determined  it;was nonrespon-
sible because of its default on  a 1970 10D contract
and a dispute between it and HUD  concerning its per-
formance on a 1973 contract.  SMR  does not shace IUD's
views regarding its earlier performanci,


    The documents submitted by
is a small business concern a;nd
refetrred to SBA pursuant to 15
as. amended by Pub. L. 95-89t S
htugust 4, 1977, for processing
SDA declined to issue a COC.


SMR indicate that SMR
that  the matter was
U.S.C. 5 637(b) (7) (1970)
501, 91 Stat. 551,
under the COC procedure.


    SBA's deital of a COO  is essentially an a.'firm&-
tion of the p.*ocuring activity's determination of non-
responsibility.  our Office will  not question a contracting
officer's detxjrmination that a small business concern is
nonrcrg'ndible where  that determination has been affirmed
by SBA's denial of a COC because,  by law, disposition of


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