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B-203603.2 1 (1981-08-18)

handle is hein.gao/gaobadjqx0001 and id is 1 raw text is: 7(L __R C THE COMPTROLLER GENERAL DECISION .; OF THE UNITEO STATES WASHINGTON. 0. C. 20548 FILE: B-203603.2 DATE: August 18, 1981 MATTER OF: Burgess, Inc.-- Reconsideration DIGEST: Agency's request for bid extension from bidder does not suggest that agency's denial of exten- sion of time for Small Business Administration (SBA) to consider information bearing on bidder's responsibility was motivated by bad faith. Con- sequently, original decision dismissing protest of denial of certificate of competency is affirmed. Burgess, Inc. (Burgess) has requested reconsidera- tion of our decision Burgess, Inc., B-203603, June 30, 1981, 81-1 CPD 547, in which we declined to consider the firm's protest of the Air Force's determination that Burgess was not a responsible bidder where the Small Business Administration (SBA) refused to issue a certifi- cate of competency (COC). Burgess' request for reconsid- eration is based on its belief that there is evidence of bad faith on the part of the contracting agency. We find no reason to disturb our original decision. The SBA did not issue the COC because Burgess had submitted outdated financial information for SBA's consideration. Updated information was not considered because the Air Force had advised the SBA that it could not wait beyond the minimum 15 days it was required to wait before award could be made. See Defense Acquisition Regulation § 1-705.4(c) (1976 ed.). As we stated in the decision, our Office will not review SBA's refusal to issue a COC absent a showing of fraud or bad faith. We found no implication of fraud or bad faith in either the SBA's refusal to issue a COC or the Air Force's refusal to wait beyond the required 15

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