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B-293088.2 1 (2004-07-30)

handle is hein.gao/gaocrptapju0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Tenderfoot Sock Company, Inc. File: B-293088.2 Date: July 30, 2004 Bernadine M. Solwey for the protester. Maura C. Brown, Esq., Department of Veterans Affairs, and John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly failed to award contract to protester after Small Business Administration (SBA) issued Certificate of Competency (COC) for protester, is denied where agency prematurely--i.e., before selecting protester's proposal for award--referred protester's responsibility to SBA for COC review, and record shows that subsequent decision to make award to another offeror was based on price/technical tradeoff that reasonably concluded that protester's higher- technically-rated proposal did not justify award at its significantly higher price. DECISION Tenderfoot Sock Company, Inc. protests the award of a contract to Southern Hosiery Mills, Inc. under request for proposals (RFP) No. 797-NC-03-0024, issued by the Department of Veterans Affairs (VA) for diabetic socks.' Tenderfoot asserts that it should have received the award, since the Small Business Administration (SBA) issued it a Certificate of Competency (COC).2 1 The solicitation defined a diabetic sock as hosiery specifically designed to reduce pressure or friction to the foot. They should be devoid of large seams or creases that could impart clinically significant pressure to an insensitive foot and should be loose fitting proximally, as not to restrict circulation. RFP at 4. 2 A COC is a written instrument issued by SBA to a contracting officer certifying that a small business concern possesses the responsibility to perform a particular contract. Federal Acquisition Regulation (FAR) § 19.601; 13 C.F.R. § 125.5(a).

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