March 2023 Bid Protest Roundup: Review, Self-Certification

This month's bid protest spotlight considers two recent protests.

J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small Business Administration's issuance of a certificate of competency.

Matter of Sierra7 Inc. is a decision by the U.S. Government Accountability Office concluding a contracting officer was not required to investigate whether an offeror's proposed devices were covered by the Section 889 ban on Chinese telecommunications equipment before awarding a delivery order.

J.E. McAmis ¹

When a contracting officer determines that an apparent successful small business bidder is nonresponsible, the matter is referred to the SBA, which will offer the small business an opportunity to apply for a certificate of competency, or COC.