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B-298247 1 (2006-07-27)

handle is hein.gao/gaocrptaspo0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Fabritech, Inc. File: B-298247; B-298247.2 Date: July 27, 2006 Shlomo D. Katz, Esq., and Kenneth B. Weckstein, Esq., Epstein, Becker & Green, PC, for the protester. J. Michael Slocum, Esq., Slocum & Brodie, PC, for The Purdy Corporation, an intervenor. Vera Meza, Esq., and Amy S. Meredith, Esq., Department of the Army, and John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging rejection of small business protester's offer on the ground that the agency's decision constituted a nonresponsibility determination that should have been referred to the Small Business Administration is sustained where the basis of the agency's determination--that protester would be unable to obtain the required parts--relates directly to the firm's capability to perform the contract. DECISION Fabritech, Inc., a small business, protests the award of a contract to The Purdy Corporation under request for proposals (RFP) No. W58RGZ-04-R-0686, issued by the U.S. Army Aviation and Missile Command (AMCOM) for overhaul of tail rotor gearboxes for the AH-64 helicopter. Fabritech argues that the agency improperly failed to refer the determination of Fabritech's responsibility to the Small Business Administration (SBA) under the certificate of competency (COC) program. Fabritech also asserts that the agency treated it and the awardee unequally in that the agency either failed to verify that the awardee would provide certified parts--as Fabritech was asked to do--or the agency held discussions with the awardee without also holding discussions with Fabritech. We sustain the protest.

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