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B-193121 1 (1978-11-03)

handle is hein.gao/gaobadgpd0001 and id is 1 raw text is: 


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                                STHE  COMgyTWOLLORN   OENERAL
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         FILE:   -193121               OATE:  November 3, 1978

         MATTFR  OF.    Keco .ndustries, Inc.


         DIGEST;

             GAO will not review SA  determination to
             issue COC, which is conwlusive with reEpevt
             to fir.'s responsibility.  Therefore,
             request for review should be referred
             to SEA.

             Keco Industries, Inc. (Keco), protests the award
        of a contract by the United Statas Army to Wedj,
        Inc., under solicitation No. DAAKO1-78-B-1237.  The
        award was made after a certificate of compete'ncy
        (COC) regarding Wedj's responsibility was i3sued
        by the Small Business Administration (SBA).  Keco
        presents certain information concerning Wedj's
        association with anoTher firm, Prigitemp Corporation,
        which r; : contends was not reviewed by either the
        contracting officer or the SBA.  Keco argues that
        such information should have had a serious adverse
        impact upon the consideration of Wedj's responsibility
        and, therefore, upon the propriety of the issuance
        of the COC.

             Our Office will not review an SBA determination
        under 15 U.S.C. S 637(b)(7) (1976), as amended by
        Pub. L. No. 95-89,5g 501, 91 Stat. 533, which gives
        that ggency the authority to issue or deny a COC.
        Crawford Development and Manrfacturing, R-188110,
        March 15, 1977, 77-1 CPD 193.  Therefore, the
        protester should refer the request for review
        to the SBA.

             Reco also states that it has been advised
        by the contracting officer that notwithstanding
        the impact of the subject information, the Army
        is bound under the procurement regulations by the
        SBA's issuance of the COC.  Keco contends that the
        COC is not binding on the Army absent the denial
        of '.n appeal by the contracting officer taken

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