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B-195206.8 1 (1980-02-29)

handle is hein.gao/gaobadiat0001 and id is 1 raw text is: 0 T~'-7'HL- COMPTROLR0N-ALP--c- OF o 7 E UN51TE 3TATE3 WASHINGTON, O.C. 20548 FILE: B-195206.8 DATE: February 29, 1980 MATTER OF:A-P Business Machines Corporation,~ o Dale Business Machings- request for reconsideration) DIGEST: y60 Decision dismissing protest of Small Business Administration (SBA) refusal to issue certificates of competency (COC's) because SBA has authority to issue or deny COC's and GAO will not review SBA determination absent prima facie showing of fraud or willful disregard of facts is affirmed where protester has not introduced evidence making such showing. A-P Business Machines Corporation (A-P) and Dale Business Machines (Dale) have requested reconsidera- tion of our decision of November 6, 1979, B-195206.8, 79-2 CPD 330, in which we dismissed their protest of the refusal of the Small Business Administration (SBA)..R to issue them certificates of competency (COC's) in connection with invitation for bids (IFB) GSD-7DPR- 00003 issued by the General Services Administration (GSA). In that decision, we dismissed the protest because, under 15 U.S.C. § 637(b)(7) (1976 & Supp. I 1977), the SBA has the authority to issue or deny a COC. We stated that our Office would not review an SBA determination unless a protester has made a prima facie showing of fraud or willful disregard of facts, which the protesters had not done. In their request for reconsideration, the protesters argue that the denial of the COC's was based on past performance problems which were caused mainly by an insufficient number of personnel. According to the protesters, four changes were made by late August 1979 which corrected the performance problems. These changes are (1) five additional

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