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B-207846.2 1 (1982-09-20)

handle is hein.gao/gaobadkpv0001 and id is 1 raw text is: qj %WULtEI4 j41 C3 ' , THE COMPTRLLLER RENERAL DECISION OF THE UNIT11D UTATiU '.. 7 WASHINGTON, 0.0, 20548 PILE: B-207846.2 DATE: Gepteiber 20, 1982 MATTER OF$ GAVCO Corporation--Request for Reconsideration DIGEST: GAO affirms prior decision dismissing protest of SBA's denial of a COC when additional allegations by protester fail to make prima facie showing that con- tracting agency and SBA acted fraudu- lently or in bad faith in determining protester to be nonresponsible. GAVCO Corporation has requested reconsideration of our decision, GAVCC) Corporation, B-207846, June 29, 1982, 82-1 CPD 633, in which we dismissed its protest of the rejection of its bid submitted in response to invitation for bids No. DACA65-82-B-0020, issued by the Army Corps of Engineers. For the reasons stated below, our prior decision is affirmed. GAVCO's low bid was rejected because the contract- ing officer determined that the firm was not a respon- sible prospective contractor and upon referral of the matter to it, the Small Business Administration (SBA) declined to issued GAVCO a Certificate of Competency (COC). In dismissing GAVCO's protest, we stated that we will not question SBA's denial of a COC unless there is a prima facie showing of fraud or bad faith on the part 'Of overnment officials or SBA willfully did not consider certain vital information bearing on a small business bidder's .responsibility, thereby implying bad faith. Since GAVCO had made no such showing, its protest was dismissed. In its most recent correspondence with our Office, GAVCO requests that we reopen our file because, GAVCO states, subsequent to the writing of its original let- ter df protest on June 8, Y'j82, it discovered additional information which demonstrates that the Corps of Engineers and the SPA acted in bad faith'. Specifically, GAVCO states that: (1) 5SBA supposedly based one reason for its denial

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