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B-188060 1 (1977-01-24)

handle is hein.gao/gaobadeiy0001 and id is 1 raw text is: 







                            STHE  OMPNTCLLUN SUNENAL
DECISIN                   .) OP  THE   UuNIUU VTATUS
                            waCHONSTON. D.a. 3ome45


DATE:   Jsry   24, 197


MATTER OF:


Comercial Eanlope   Mfstacturiag Company, Inc.


DIGEST:

        Where small busiaias concern Is found to be
        noresponsibl  bidder by procuring agency,
        Gho has no authority to review COO determina-
        timn, to require SEA to issus COC, or to reopen
        case if OOC is denied.


     Commercial Mevelope Manufacturing Company, Inc. (CD), protests
against the rejection of its low bid under solicitations Nom. SF0-FPOP-
f5429-AL   and VO-POP-FU-54681-A. issued by the General Services
Administration.

     The contracing ifficer determined, CCI norresponsible beckua
the company had filed biAnkrupteyproceedings. Since CEM is a snall
business, the question of the company' acapacity avd/or credit has
been appealed to the mall Ausainess Administration (SEA).


     In this regad, the SBA has the authority to issue or deny a
certiilcate of competency (0CC) and our Office has noauthority to
review an SaBt:dtaminition, to require issuance of a; COC, or to
reopen a case itaj0O  iC denied. tinger Construction Compiny, Inc.,
B-185390, December16, 1975, 75-2 CPD 397, and cases-cited in text.
Additionally, vi b e consist ently' 1i'4ld -that the refusal by SBA to
issue a COC must be viewed as an affirmation of the cntrarting
officer's negative determination even though the denial uas made for,
reasons other than those relied upon by the contracting officer.
inger  Coas ruction, stw9ra.


  /
  /
I


   * Consequently, iar Office ill not consider the mer
protest.


Paul G. Dembling
General Counsel



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