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B-194925 1 (1979-07-12)

handle is hein.gao/gaobadhkb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20546 IL FILE: B-194925 MATTER OF: DIGEST: Horne Health Care Inc. here contracting officer's improper Lejection of low all business Uidder as nonresponsfble without referring matter to Small usiness Administration for Certificate of Competency consid- eration is cured by subsequent referral to SBA, protest is moot and need not be considered, as SBA has conclusive au- thority to determine matters of small business' responsibility. Horne Health Care Inc. (HHCI), a small business and the low bidder under invitation for bids (IFB) No. DABT-56-79-B-0020, issued by the Department of the Army for radiological services at DeWitt Army Hospi- tal, protests its rejection as nonresponsible. A contract under the solicitation was awarded to the second low bidder, Association of Alexandria Radiolo- gists (AAR), on May TU 1979. The Army concede that the contracting officer impr ponsibility determination to the Small Business Administrat-ion (EEKJfor consideration underTts certificate of competency (COC program, as required by the Small Business Act, 15 U.S.C. S 637(b)(7) (1976), as amended by Pub. L. No. 95-89, 91 Stat. 557, effective August 4, 1977, and the implementing regulations at Defense Acquisition Regulation S 1-705.4 (1976 ed.). However, the-Army advises that in response to theprtet te eqired- -e fe-rr a The Army states that sn ies gsnil AAR wi inue cn :act n--_1'h B ac s and that whether eotrac wlbecntinue ter that time will depend on the nature of the ac- tion. We assume that this means that if a COC is DATE: July 12, 1979 TPI

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