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B-193649 1 (1979-02-16)

handle is hein.gao/gaobadgyj0001 and id is 1 raw text is: DECSIO t~THE= COMPTROLLER GENERAL DECI<j 'SIO OPF THE r=uNI D S rLtt3BTATEaS WASHINGTON, 0. C. 20546 FILE: B-193649 DATE:February 16, 1979 MATTER OF: Specialty Tools, Inc. DIGEST: Where contacting officer has determ a small business bidder to be nonrespoisible and has, referred matter to Small Business Administration '(SBA) for possible issuance of Certificate of Competency (COC), GAO will not consider protes't of contracting officer's determination since SBA has statutory author- ity to conclusively determine responsibility of small business bidder. Speciality Tools, Inc. (S.T.I.), a small bus.iness concern,Sprotests any award of a contract: to anvaher firm under invitation-for bids (IFB) No. 9PR-W-845- 78/KF, issued by he'Genetal Services Administration (GSA). S.T.I. contends that it is the low responsive bidder and that the tontracting 'officer improperly determined it to be nonresponsible on the basis of an incomplete planC facilities report. The final dermination as to w r a busi- ness bidderis responsible for a particular procurement is made by the Small Business Ad iinistration ('SBA) Under its Certifiate of Competency (C program. See15 U.Si~c~ 637(b)(7) (1976), as amendc by'Pub. L. 95-8%, 91 :tht. 553. The documents forwi tded-by the protester indi ate that the contractifig offider has referr'd the matte'r to SBA; under SBAs procedres+rS.T.'I. is given an opportunity to establish its entitlement to a COC. See 13 C.F.R. 124.8-16 (1976). This Office has no authority to review SBA's determination, to require is- suance of a COC, or to reopen a case when a COC has been denied. See, e.g., Precision Electronics Labs, B-186751, October 29, 1976, 76-2 CPD 369. Accordingly, our consid- eration of S.T.I.'s protest would serve no useful purpose.

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