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B-201225 1 (1981-04-10)

handle is hein.gao/gaobadvjr0001 and id is 1 raw text is: 

                         ob~R:358
              0   _     THE COMPTROLLER GENERAL
DECISION                oF TH E UN.ITEO STATES-
            . . .. . . .W AS.SH .N. G T oN .. C 2 0 5 48




FILE:   B-201225              DATE:If; A.,r1i 10, 1981

MATTER OF:. Delta :Lighting Corp.


.OIGEST:


1.-. GAO .does not. review.Small Business...Admin-
     istration refusal to-issue certificate of
     competency unless protester makes prima
     facie showing of. fraud or demonstrates, that
     information vital -to responsibility determi-
     nation was not, considered,.

 2. Where small.business: firm is low-bidder on
     both .unrestricted and set-a-side portions of
     -IFB, and is found nonresponsible to.perform
     former after preaward survey, .agency. need
     not complete preaward survey .regarding set-
     aside portion beforereferrring matter. t'o.
     Small Business Admini.st-ratio.n .fo  certifi-
     cate of competency consideration. Rather,
     regulations- require- only that, referral
     note entire quantity-of acquisition to.
     which firm may. be .entitled.:


     ..Delta-Lighting Corp. (Delta.) protests the rejection
 of the firm's low bid and the award ofa contract by the
 Department of the Army to.another firm under invitation
 for bids (IFB) No.-.DAAKl0-80-B-0l07'.for aiming post
 lights.

     One-half of the- Army's requirement+.was set aside
 for award to a small business concern. Delta was the
 low: bidder on both the restricted and unrestricted por-
 tions. However, a preaward survey-of Delta''sability to
 meet the Army's needs with.respect..to..the unrestricted
 portion of-the IFB.resulted in a finding .that the firm.
 was nonresponsible.. -.Upon review, the- Small Business
 Administration (SBA) declined to issue a certificate.of
 competency (COC).

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