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B-196051 1 (1979-10-25)

handle is hein.gao/gaobadujr0001 and id is 1 raw text is: DECISION FILE: MATTER OF: '[DIGEST 1 ) THE:COMPTROLLER GENERAL OF THE UNITED STATES WAS-HI'NGTON, 0. C. 2054 q 692 B-196051 DATE: Ottober 25, 1979 Gupta Carpet Professionals, Inc. DIGEST: 1. As matter of law, contract may be awarded only toresponsible bidder. When contracting officer determines that small business is not responsible, matter must be referred to Small Business Administration, which con- clusively determines bidder's responsibility by issuing or refusing to issue Certificate of Responsibility. 2. GAO will not review Small Business Adminis- tration's refusal to issue Certificate of Competency unless there is prima facie showing of fraud or information vital to responsibility determination has not been considered. 3. Although in certain circumstances GAO will award bid preparation costs, there is no legal basis for allowing unsuccessful bid- der anticipated profits. Gupta Carpet Professionals, Inc. (Gupta), requests a hearing with regard to the award of a contract for installation of carpet tiles at the Defense Industrial Supply Center, Philadelphia, Pennsylvania, under solic- itation No. GSD-3DPR-90003-A, issued by the General Services Administration (GSA). Gupta indicates that it was the low bidder for that contract; that upon request it verified its price of $36,056.80; and that it seeks $8,085.10 in profits which it believes it lost due to the contracting officer's finding of nonresponsibility and the subsequent refusal of the Small Business Administration (SBA) to issue a Certificate of Competency (COC). u...n...,.

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