B-212636.2, SEP 27, 1983

B-212636.2: Sep 27, 1983

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GAO DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT PROCUREMENT OFFICIALS OR THAT THE SOLICITATION CONTAINED DEFINITIVE RESPONSIBILITY CRITERIA THAT HAVE ALLEGEDLY NOT BEEN APPLIED. 2. AN ALLEGATION CONCERNING THE BREACH OF AN EXCLUSIVE DISTRIBUTORSHIP CONTRACT FOR MANUAL TYPEWRITERS WILL NOT BE CONSIDERED BECAUSE IT IS A DISPUTE BETWEEN PRIVATE PARTIES WHICH CANNOT BE ADJUDICATED BY THIS OFFICE. THE PROTEST IS DISMISSED. MORSE ASSERTS THAT DELIVERIES OF MANUAL TYPEWRITERS BY DOCUTEL/OLIVETTI WILL BE A BREACH OF A CONTRACT BETWEEN IT AND OLIVETTI BECAUSE IT IS THE EXCLUSIVE DISTRIBUTOR OF OLIVETTI MANUAL TYPEWRITERS IN THE UNITED STATES.

B-212636.2, SEP 27, 1983

DIGEST: 1. ALLEGATIONS CONCERNING A BIDDER'S ABILITY TO DELIVER SUPPLIES AND PROVIDE PARTS AND LABOR FOR INSPECTION AND REPAIR, CONCERN THE BIDDER'S RESPONSIBILITY. GAO DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT PROCUREMENT OFFICIALS OR THAT THE SOLICITATION CONTAINED DEFINITIVE RESPONSIBILITY CRITERIA THAT HAVE ALLEGEDLY NOT BEEN APPLIED. 2. AN ALLEGATION CONCERNING THE BREACH OF AN EXCLUSIVE DISTRIBUTORSHIP CONTRACT FOR MANUAL TYPEWRITERS WILL NOT BE CONSIDERED BECAUSE IT IS A DISPUTE BETWEEN PRIVATE PARTIES WHICH CANNOT BE ADJUDICATED BY THIS OFFICE.

MORSE TYPEWRITER CO., INC.:

MORSE TYPEWRITER CO., INC. PROTESTS THE AWARD OF A CONTRACT FOR MANUAL TYPEWRITERS TO DOCUTEL/OLIVETTI UNDER SOLICITATION FGE-Y1-75254 A-7-27-83 ISSUED BY THE GENERAL SERVICES ADMINISTRATION. THE PROTEST IS DISMISSED.

AS ITS BASES OF PROTEST, MORSE ASSERTS THAT DELIVERIES OF MANUAL TYPEWRITERS BY DOCUTEL/OLIVETTI WILL BE A BREACH OF A CONTRACT BETWEEN IT AND OLIVETTI BECAUSE IT IS THE EXCLUSIVE DISTRIBUTOR OF OLIVETTI MANUAL TYPEWRITERS IN THE UNITED STATES. MORSE ALSO ASSERTS THAT DOCUTEL/OLIVETTI DOES NOT HAVE FACILITIES OR PERSONNEL TO INSPECT AND REPAIR MANUAL TYPEWRITERS, AS REQUIRED BY THE SOLICITATION. WE WILL NOT CONSIDER THE BREACH OF CONTRACT ALLEGATION BECAUSE THAT IS ESSENTIALLY A DISPUTE BETWEEN PRIVATE PARTIES WHICH CANNOT BE ADJUDICATED BY THIS OFFICE. CF. HOOPER GOODE, INC., B-209830, MARCH 30, 1983, 83-1 CPD 329.

IN ESSENCE, THE BALANCE OF THE PROTEST QUESTIONS DOCUTEL/OLIVETTI'S RESPONSIBILITY AND GSA'S AFFIRMATIVE FINDING THEREOF. THIS OFFICE DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT A SHOWING OF FRAUD OR BAD FAITH BY PROCURING OFFICIALS OR WHERE THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. CARDINAL MOVING & STORAGE, INC., B-209915, DECEMBER 22, 1982, 83-1 CPD 2.

THE PROTESTER MAKES NO ALLEGATIONS OF FRAUD ON THE PART OF GSA OFFICIALS, AND PROVIDES NO EVIDENCE OF A FAILURE TO APPLY DEFINITIVE RESPONSIBILITY CRITERIA. ACCORDINGLY, THE PROTEST IS DISMISSED. AMENDMENTS TO BID PROTEST PROCEDURES, 48 FED.REG. 1931 (1983) (TO BE CODIFIED AT 4 C.F.R. SEC. 21.3(G)).

THE PROTEST IS DISMISSED.