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B-274051 1 (1996-11-08)

handle is hein.gao/gaocrptaeko0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: The Gerard Company File: B-274051 Date: November 8, 1996 Andrew Jackson Graham, Esq., for the protester. Marie Adamson Collins, Esq., General Services Administration, for the agency. John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency was required to award contract to protester, without requesting best and final offers (BAFO), as soon as Small Business Administration (SBA) issued certificate of competency (COC) concerning the protester is denied. Although regulation states the contracting officer shall award the contract to the concern in question if the SBA issues a COC after receiving the referral, the thrust of this provision is simply that the agency cannot deny award to the eligible firm on the basis of other responsibility or eligibility criteria; the regulation does not mandate an immediate award to the firm if the agency has legitimate reasons to amend the solicitation and request BAFOs. DECISION The Gerard Company protests the failure of the General Services Administration (GSA) to award it a contract under request for proposals (RFP) No. FCXA-S8- 930004-N for marketing and advertising services for the Public Buildings Service. We deny the protest.1 GSA issued the RFP on August 29, 1994, and issued six solicitation amendments over the next several months. Proposals were submitted on November 16, 1994, but the evaluation of the proposals was not completed until January 22, 1996. During the evaluation, contracting officials requested that GSA's Credit and Finance Division perform pre-award surveys on several offerors, including Gerard, in order to determine the financial capacity of those firms. GSA explains that these requests 1Since award has not been made, our discussion of the proposals and the evaluation is necessarily limited. 1214118

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