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B-190396 1 (1978-10-03)

handle is hein.gao/gaobadgmn0001 and id is 1 raw text is: 




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8-190396


DATE. October 3, 1978


MATTER  OF:


Health Care Out-Patient Programa, Inc.-
Reconsideration


DIGEST:
    Request for taconsideration of prior decision,
    filed more Ehxn 4 months after decision was
    issued, is untimely under 4 C.F.R. 20.9(b)
    and is ineligible for con3ideration.

    By  letter dated September 14, 1978, received by
our Office on September 21, 1978, Health Care
Ot-PAtIent Programs, Inc., a small business concern,
has requested reconsideration of our decision of
May 2, 1978, B-190396, in which we declined to review
a Veterar.s Administration contracting officer's de-
termination of nonresponsibility due to lack of
business integrity where such determination was re--
ferred to'and concurred in by the Small Business
Admini'stration.(SBA), and where the SB accordingly
decline& to certify the protester as 'tn eligible con-
tractor fer the procurement at issue.

     In declining review of the matter, we pointed ot
that under 15 U.S.C. 637(b)(7) (1976), as amended by
Public Law 95-89, 5 501, 91 Stat. 561, August 4, 1977,
the SBA has authority to certify to Government pro-
curement officers with respect to all elements of
responsibilityv including, but not limitid to, capa-
bility, compt.ency, capacity, credit, integrity, per-
severance, and tenacity of any small business concern
* * * to receive and perform a Government contract,
(emphasis added) and that SBA's disposition c2 the
matter is final.

     The protester's request for ceconsideration is
based in large part on the existing version of the
Federal Procurement Regulations (FPR) as set out in
41 Code of Federal Regulations (CFR) (1977). Specific


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FILE:


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                     -  THE  COMPRLE GRIEERAL
LJWCISflDV\  ;-, r  O THE UNITED STATER
                        WVASlH IN GTON.  D. c. 205498
                           -                  'tOft

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