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B-193425 1 (1978-12-20)

handle is hein.gao/gaobadgsr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 tIN 8To3 B-193425 DATE: December 20, 197F 4 cooy' MATTER OF: Fairbanks Bedding Company DIGEST: 2( 1. Where small business concern is found to be non- responsible by procuring agency, SBA's denial of COC is viewed as affirmation of determination of nonresponsibility which is final and not for review by GAO. 2. GAO does not review affirmative determinations of nonresponsibility absent circumstances not appli- cable here. 0,2 Fairbanks Bedding Company (Fairbanks) protests the rejection of its bid and award of a contract to Alaska Mattress Co., Inc., under solicitation No. GSW-10FWR-80107, issued by the General Services Administration (GSA) Center at Auburn, Washington. By letter dated October 5, 1978, GSA informed Fairbanks that it had been rejected as a nonresponsible bidder because the Small Business Administration declined to issue.Fairbanks a certificate of competency (COC). By letter dated October 31, 1978, Fairbanks protested to both GSA and this Office (filed on November 6, 1978). Fairbanks questions GSA's and SBA's actions concerning the determination of nonresponsibility. With regard to the denial of a COC, it-is our policy not to review a contracting officer's determina- tion of nonresponsibility where the determination has been affirmed by SBA's denial of a COC. Our Office will consider a protest where there is prima facie evidence of fraud or where the record shows that vital information has not been considered. Mainline Carpet Specialists, Inc.--Reconsideration, B-188792, July 14, 1977, 77-2 CPD 27. SBA, however, denied the COC because of a lack of reliable information concerning Fairbank's financial capability on which to base its determination. FILE: o01- 7 7

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