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B-192906.2 1 (1979-02-09)

handle is hein.gao/gaobadgxl0001 and id is 1 raw text is: -' THE THE COIPTROLLER GENERAL 4 DECISION = OF THE UNITED STATES SWASHINGTON, D.C. 20548 g FILE: B-192906.2 DATE: February 9, 1979 MATTER OF: Old Hickory Services DIGEST: 1. Where contracting officer determines small business bidder is nonresponsible, law re- quires matter be referred to Small Business Administration (SBA) which conclusively de- termines bidder's responsibility by issuing or declining to issue Certificate of Coe - tency (4-)General Accounting Office (GAO) generally does not review these SBA deter- minations unless protester has made prima facie showing of fraud or willful disregard of facts. 2. Where actions of contracting officer and SBA appear consistent with statutory responsi- bilities and protester offers nothing of sub- stance to support its bare allegation of im- proper discriminatory action, GAO will not review denial of COC. Old Hickory Services (Old Hickory) protests the contract award under Invitation for Bids (IFB) F22600- 78-B-0013 for mess attendant services by Keesler Air Force Base, Mississippi, to Maintenance, Inc. (Mainte- nance). Although Old Hickory (formerly Superior Services, Inc.) was the apparent low bidder, the.contracting officer, following a preaward survey, determined Old Hickory was nonresponsible and referred the matter to the Small Business Administration (SBA) for Certifi- cate of Competency (COC) consideration. On August 30, 1978, the SBA declined to grant Old Hickory a COC. A preaward survey of Maintenance (the next low bidder) was conducted on September 7 and 8, 1978. The contracting officer determined that Maintenance was

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