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GAO Faults Army For Failure To Pursue Certificate Of Competency

August 8, 2006

In Fabritech, Inc. (July 27, 2006, ), the GAO found that the Army had improperly rejected a small business's proposal based on concern about the offeror's ability to obtain parts from an approved source because this was a determination of non-responsibility that was required to have been referred to the Small Business Administration under the certificate of competency (COC) program. GAO rejected the Army's argument that its rejection was based on the small business's failure to meet a "qualification requirement" that did not have to be referred to the SBA, finding instead that "reasons given for the agency's rejection relate directly to the protestor's ability or capability to perform," which "clearly align" with responsibility elements under the FAR.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Marc F. Efron
Retired Partner – Washington, D.C.

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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