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B-195344 1 (1979-08-07)

handle is hein.gao/gaobadhmd0001 and id is 1 raw text is: o . THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES :WASHINGTON, D.C. 20548 B-195344 FILE: DATE: August 7, 1979 Brimstone Equipment Co. MATTER OF: DIGEST: There is no basis for GAO to direct award to small business concern found nonresponsible by contracting officer since question of validity of such determination must be referred to Small Business Administration for consideration under certificate of competency procedures. Brimstone Equipment Co. (Brimstone) protests the award of any contract to other than itself under request for proposals No. F09603-79-R-0611, issued by Warner Robbins Air Force Base (Air Force), Georgia. Brimstone contends that the Air Force is being r) unreasonable in requiring Brimstone to apply to the CPPO Small Business Administration for a certificate of competency (COC). Brimstone argues that the Air Force has performed positive preaward surveys on its firm in the past and that there has been no cooperation on the part of the Air Force in determining Brimstone's responsibility for the instant procurement. Therefore, Brimstone requests that our Office direct the Air Force to make an award to it. The COC requirement stems from the statutory protection afforded small businesses when a contract- ing officer determines that such a concern is not a responsible bidder. 15 U.S.C. § 637(b)(7) (1976), as amended by Pub. L. No. 95-89, § 501, 91 Stat. 561 (1977). Whenever a contracting officer makes such a determination with respect to a small business he must refer the matter to the SBA, which has conclusive authority to decide the question by issuing or denying. a CCC. R&O Industries, Inc., B-188476, March 25, 1977, 77-1 CPD 215. .;,az z

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