B-132832, FEB. 27, 1958

INC.: FURTHER REFERENCE IS MADE TO YOUR PROTEST AGAINST THE ACTION OF THE DISTRICT ENGINEER. YOUR PROTEST WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 25. THIS FILE WHEREIN YOU WERE ADVISED THAT IN THE CIRCUMSTANCES STATED THERE APPEARED NO LEGAL BASIS FOR DISAGREEING WITH THE CONTRACTING OFFICER'S DETERMINATION THAT YOU DID NOT QUALIFY AS A RESPONSIBLE CONTRACTOR FOR THIS PARTICULAR PROCUREMENT. AS YOU PREVIOUSLY WERE ADVISED IN OUR DECISION OF SEPTEMBER 25. THE FUNCTION OF DETERMINING WHETHER A PARTICULAR PERSON OR FIRM IS A RESPONSIBLE BIDDER. IS ESSENTIALLY AN ADMINISTRATIVE ONE INVOLVING THE DETERMINATION OF SUCH FACTUAL ISSUES AS THE BIDDER'S REPUTATION FOR PAST PERFORMANCE. AFTER A THOROUGH INVESTIGATION HAS DETERMINED THAT YOU DID NOT QUALIFY AS A RESPONSIBLE BIDDER IN THIS INSTANCE IS A MATTER LYING SOLELY WITHIN THE DISCRETION OF THAT DEPARTMENT.