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B-290444 1 (2002-07-03)

handle is hein.gao/gaobaduid0001 and id is 1 raw text is: G A 0 Comptolleir Genra Accountability Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Brickwood Contractors, Inc. File: B-290444 Date: July 3, 2002 James J. Tansey, Esq., for the protester. Carl A. Haberbusch, Esq., and Jane Goetz, Esq., Goetz Fitzpatrick Most & Bruckman, for Spearin, Preston & Burroughs, the intervenor. J. Stephen Brophy, Esq., and Elaine A. Eder, Esq., United States Coast Guard, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting officer acted properly where the record reflects that he diligently reviewed the protester's responsibility, found the protester nonresponsible, and then promptly referred the matter to the Small Business Administration (SBA) under certificate of competency (COC) procedures, and because of the length of time required to complete these reviews, the bidders were requested to extend their bids; there was no regulation or other legal requirement that provides that a contracting officer's referral of a small business bidder to the SBA for a COC must take place at such a time in the process so as to permit the SBA to make its COC determination prior to the expiration of the bidder's initial bid acceptance period. 2. Bidder that allegedly submitted its bid extension by facsimile transmission assumed the risk of nonreceipt by the agency, and the bidder's evidence of its facsimile transmission does not establish receipt where, as here, the agency denies receipt and there is no other evidence of receipt. DECISION Brickwood Contractors, Inc. protests the award of a contract to any other bidder under invitation for bids (IFB) No. DTCGG1-02-B-38T001, issued by the Coast Guard for repairs to the Ambrose Light Tower. We deny the protest.

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