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B-193773 1 (1979-08-02)

handle is hein.gao/gaobadhlj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DIEC8IICL * OF THE UNITEO STATES 3 : JWASHINGTON, D. C. 20548 C N ITE FILE: B-193773 DATE: August 2, 1979 MATTER OF: U.S. Eagle, Inc.; Reliable Building Maintenance Company DIGEST: 1. Compliance with special experience requirements affected responsibility of bidder and not respon- siveness of submitted bid; hence referral to Small Business Administration (SBA) of question of small business' compliance with requirements was appropriate under certificate of competency (COC) procedure. 2. Statement of representative of small business con- cern that concern did not meet minimum experience requirements did not excuse referral of question of bidder's compliance with requirements to SBA under COC procedure since: (a) procurement regulation mandates referral and does not contain exception for situations where bidder offers subjective opinion that it does not comply with requirements; (b) after referral to SBA bidder actively sought COC; and (c) bidder's subjective judgment on com- pliance with requirements is not decisive since resolution of question of compliance requires knowledge of legal precedent. 3. GAO perceives no denial of procedural fairness in protest against SBA COC decision notwithstanding SBA's refusal to disclose to protester specific rationale for decision since: (a) Bid Protest Procedures, 4 C.F.R. part 20 (1979), generally afford protester and interested parties a reasonable opportunity to present their positions; (b) protester has not specifically requested release of rationale from SBA; and (c) protester and interested parties have been furnished copies of Army's summary of SBA rationale. 4. GAO's review standard concerning protest of issuance of COC involving compliance with special experience requirements is limited to fraud on part of SBA or to failure of SBA to consider vital infor- mation. Since protesters' arguments are concerned with information which was of record before SBA TH/4WF /Lcvze e /s I7 h / J2

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