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B-416918 1 (2018-12-20)

handle is hein.gao/gaobadvkc0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: James F. Thomson, Jr., DBA American Southwest Electric File: B-416918 Date: December 20, 2018 Scott R. Sleight, Esq., Ahlers Cressman & Sleight PLLC, for the protester. Tristan Brown, Esq., Thomas Tracy, Esq., and Stanley E. Tracey, Esq., Department of the Army, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the contracting officer improperly failed to withhold award for 15 business days following the referral of a nonresponsibility determination to the Small Business Administration (SBA) under its certificate of competency (COC) procedure is denied where the record reflects that the SBA did not respond to the contracting officer with a COC determination within 15 business days. 2. Protest that the contracting officer improperly denied a request by the Small Business Administration for additional time to consider issuing a certificate of competency is denied where the protester has not shown that the contracting officer's action was the result of fraud or bad faith. DECISION James F. Thomson, Jr., doing business as American Southwest Electric (ASE), of Las Vegas, Nevada, protests the award of a contract to Ames Construction, Inc., of Aurora, Colorado, under invitation for bids (IFB) No. W9128F18B0006, issued by the Department of the Army, Corps of Engineers (Corps), Omaha District, for the construction of a replacement irrigation diversion weir and fish bypass channel. The protester argues that the Corps improperly awarded the contract before time had expired for the Small Business Administration (SBA) to issue a certificate of competency (COC) to ASE. We deny the protest.

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