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B-193664 1 (1979-01-22)

handle is hein.gao/gaobadgvp0001 and id is 1 raw text is: - C 0L,[UKA4 THET DECISION ~'.OF THE UNITED STATES kV WA SHIN GTON, 0. C. 205483 B-193664 DATE: January 22, 1979 Solarex Manufacturing Co., DIGEST: 4/,i/ A i Where small business concern is found to be nonresponsible by procuring agency, SBA's denial of COC is viewed as affirmative determination of non- responsibility and not for review by GAO. Solarex Manufacturing Co., Inc. (Solarex), protests the award of a contract to Capital Engineer- ing & Manufacturing Co. by the Department of the Army under invitation for bids No. DAAEO7-78-B-A432. Solarex was determined nonresponsible by the Army, which was affirmed when the Small Business Administra- tion (SBA) declined to issue Solarex a certificate of competency (COC). Solarex contends that the reasons for the SBA denial are weak and irrelevant. Solarex also suggests that there was something improper in the Army surveying its proposed subcontractor after Solarex had apolied for a COC at the SBA New York Regional Office with apparent approval. In addi- tion, Solarex suggests some impropriety in the rela- tionship between the Army and the SBA office in Washington, D.C., which denied the COC, and the 6-week delay before Washington acted. It is our policy not. to review a contracting officer's determination of nonresponsibility where the determination has been affirmed by SBA's denial of a COC. Our Office will consider a protest where there is prima facie showing of fraud or where the record shows that vital information has not been considered. Mainline Carpet Specialists, Inc.-- Reconsideration, B-188792, July 14, 1977, 77-2 CPD 27. The record shows that pursuant to Defense Acquisition Regulation (DAR) § 1-705.4(c) (1976 ed.) FILE: MATTER OF:

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