C & G Excavating, Inc. v. United States

OPINION

MILLER, Judge*

This bid-protest case comes before the court after argument on cross-motions for summary judgment. The overriding issue is whether the Small Business Administration (the “SBA”) may deny a certificate of competency (“COC”) for reasons other than those forming the basis of the contracting officer’s nonresponsibility determination. Assuming that SBA review is not limited to the matters referred by the contracting officer, the issue becomes whether 48 C.F.R § 19.602-2(a)(2) (1993), requires the SBA to conduct a site visit to investigate a contractor’s financial condition when…