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B-225445.3 1 (1987-07-29)

handle is hein.gao/gaobadmtx0001 and id is 1 raw text is: ~~Zfl The Comptroller General of the United States Wahington, D.C. 20548 Decision Matterof Age King Industries, Inc.--Reconsideration File: B-225445.3 Date: July 29, 1987 DIGEST Recommendation that contract be terminated is withdrawn on reconsideration where agency continued performance because it was notified of the protest more than 10 calendar days after award, and agency now establishes that termination is not in the government's interest. Protester, however, is entitled to bid preparation and protest costs. DECISION The Defense Logistics Agency (DLA) requests reconsideration of the recommendation for corrective action made in our decision in Age King Industries, Inc., B-225445.2, June 17, 1987, 87-1 CPD . We withdraw the recommendation contained in that--Fision. However, we find the protester is entitled to costs. Briefly, the protester, Age King Industries, Inc., was the low bidder under invitation for bids (IFB) No. DLA500-86-B- 2090, issued by DLA as a small business set-aside for 6,000 crank handles. The contracting officer determined that Age King was not a responsible, prospective contractor and referred the matter to the Small Business Administration (SBA), the agency authorized by statute (15 U.S.C. S 637(b)(7) (1982)) to certify conclusively as to all elements of a small business concern's responsibility by issuing a certificate of competency (COC). Federal Acquisi- tion Regulation (FAR), 48 C.F.R. S 19.601 (1986). Unless the SBA and the contracting agency agree to a longer period, the SBA must take specific action in response to a COC referral within 15 business days. FAR, 48 C.F.R. S 19.602-2(a). The contracting officer is authorized to G0155

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