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B-190688 1 (1977-12-23)

handle is hein.gao/gaobadfnd0001 and id is 1 raw text is: oU . THE COMPTROLLER UENERAI' C. DECISION O THE UNTwo STArms WAUHINGTON. D.C. N54S FILE: 8-190688 DATE: December 23, 1977 MATTER OF: James London & Associates DIGEST. j Where small business concern is found to be nonrespohsible bidder by contracting activity, denial of COC is viewed as affirmation of nonresponsibility deter- mination, and GAO does not review COC determinations and will not require SBA to issue COC or reopen case absent showing that material evidence was not considered. By letter dated November 15, 1977, James London & Associates (London) has protested its rejection as a nonresponsible bidder under invitation for bids (IFB) F08651-77-B-9238 for interior painting of housing, issued by Eglin Air Force Base, Florida. London was notified by the contrajcting officer that it was nonresponsible.. According to London, it was ad- vised by the Small Business Administration (SBA) Atlanta Regional Office that its application for a certificat: of competency (COC) had been considered and that SBA wduld take no further action with respect to the application. Apparently, London is confused as to the ba3i.s and effect of SBA's action. Wehave been advised by the Air Force that the matter of Lo.dan's responsibility had been referred to SBA, and SBA had declined to issue a COC, because of London's lack of capacity and cr dit, rather than lack of tenacity and perseverance as London speculates. Our Office will not question a contracting officer's determination that a small business concern is nonrespon- sible where that determination has been affirmed by the SBA through the denial of a COC. Further, under 15 U.S.C. 5 637(b)(7) (1970). as amended by S 51 of Pub. L. )5-89, '1 Stat. 553, Auust 4, 1977, the SBA has the autharity to issue or deny a COC, ind our Office does not review an SBA determination, require the issuance of a COC, or request the reopening of a case where a COC has been f- 1- : 'U

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