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B-196429 1 (1980-01-31)

handle is hein.gao/gaobadhyj0001 and id is 1 raw text is: THE CIMPTROLLER GENERAL r.)acisiD1 (OF THE UNITED STATES WASHINGTON. O/C. 20548 B-196429 DATE: January 31, 1980 MATTER OF: Peoples Medi-Car, Inc. 3 7 DIGEST: 1. Where small business bidder has been found not responsible, matter is for determination by Small Business Ad- ministration (SBA) under Certificate of Competency procedures, and GAO will not review such SBA determina- tions absent prima facie showing that such action was taken fraudu- lently or with such willful disre- gard of the facts as to imply bad faith. 2. GAO will not consider issues raised in bid protests where same issues are before court of competent juris- diction except where Court expresses an interest in receiving GAO decision. Peoples Medi-Car (Peoples) protests the award of a contract to James Medi-Car, Inc. (Jamesy-, ft- wheelchair car service under solicitation No. 535- 8-80 issued by the Veterans Administration (VA)_ j,5 Lakeside Medical Center in Chicago, Illinois. Peoples was low bidder on this solicitation, a 100 percent small business set-aside. Peoples questions the determination by the VA, on the basis of a finding by an inspection team, that Peoples was not a qualified bidder and could not perform the contract adequately. Alleging that James, the awardee, is not a minority firm, pro- tester asserts that as a black minority busi- ness, it is entitled to preference on this so- licitation, and that the VA's rejection of its bid was solely because of race. [LL(: 6ATioo 794TT 4~A 1\VJZA FILE:

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