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B-219654.3 1 (1986-04-30)

handle is hein.gao/gaobadmhs0001 and id is 1 raw text is: , ) rt, Lk /) THE COMPTROLLER GENERAL 0KC1ISION OF THE UNITEO INTATEN WASHINGTON, 0.C. 20548 FILE: B-219654.3 DATE: April 30, 1986 MATTER OF: Small Business Administration-- Request for Reconsideration DIGEST: Prior decision in The W.H. Smith Hardware Co., B-219654, Nov. 12, 1985, 85-2 C.P.D. T536, is clarified to assure that it not be construed as establishing a-waiver from the Certificate of Competency procedure. The Small Business Administration (SBA) requests that we reconsider the holding of our decision in The W.H. Smith Hardware Co. (Smith), B-219654, Nov. 12, 1985, 85-2 C.P.D. 536. In that decision, we held that while there was no small purchase exception from the requirement that a procur- ing activity--here, the Defense Logistics Agency (DLA)-- submit a small business nonresponsibility determination to the Small Business Administration (SBA) for consideration under the certificate of competency (COC) procedures, the nonreferral at issue was not prejudicial to Smith because SBA had denied three Smith COC referrals from the DLA within the 2 months after the agency's nonresponsibility determina- tion in the present procurement. We viewed these as affirm- ing the agency's determination since the same facts were in issue. SBA requests reconsideration on the basis that procuring agencies are required to refer nonresponsibility determinations to SBA for final disposition on each specific procurement and because of its concern that agencies may interpret the decision as providing an exemption. We affirm the decision. However, in view of SBA's stated concern with the possible ramifications of the decision, we provide the following clarification for future application. The Smith decision was limited to a particular set of relatively unique facts. Smith had been found nonrespon- sible under a small purchase procurement at a time when the SBA had amended its regulations to remove the former small Z~3C1

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