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B-190873 1 (1978-01-17)

handle is hein.gao/gaobadfpy0001 and id is 1 raw text is: h F::BE: 8-190873 DATE:January 17, 1978 MAATTER OF: LAM Services, Inc. DIGEST: 1. Where bidder failed to fike application with SBm for possible issuance of COC, contracting officer's determiretion that bidder was nonr aponsibll is regarded as having bern affirmed, since such failure is alalioCIOus o SBA refusal to isnue COC. 2. Did preparation costs will not be sustained if biddnr fails to pursue procedutes necessary to obtain award. 3. By fuiling to avail itself of COC procedurc, bidder also failed to preserve right to pro- test agenCy's alleged interpretation of speci- fications. By letter dated December 5, 1977, LM Services, Inc. (L&M) protecca being found nonresponsible by the Depart- ment of the Army (Army) under Invitation for Bids (IEB) No. DABT39-77-B-0066 and thus being required to apply for a Certifi.ate of Competency (COC) from the Small Business Administration (SUA). The subject IFB requested bids on a food service con- tract for Fort Bill, Oklahoma. L&M states that it was notified on October 28, 1977, that it was the apparent low bidde' and ;as then requested to tour the Govern- ment's dining facilities. On November 1 and 2, 1977, L&M complied with this request and at that time was firat informed that it would have to apply to the SBA for a COC. A pre-award survey was then conducted by the Army on November 8, 1977, and official notificacion that a COC would be required was received on November 28, 1977. Hodever1 L&M argues that the Army has no rational basis for finding it noncesponsible and for this reason has not filed an application for the COC. - 1 - 'A [ ~ t . 4 I A% 1. L1k THE COMPTROLLER GieEAL DECISION . nF TIS UNITEDa BIATES WA*HINGTON. D.C. 90543 (~j't. .J d

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