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Objection to Agency's Affirmative Determination of Another Bidder's Ability To Meet Specification

B-194879 Jun 06, 1979
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Highlights

A protester, contending that first article testing should not have been waived in a procurement by the Defense Electronics Supply Center, objected that the contract was awarded to a competitor who did not meet specifications. The protest was dismissed because a protest based upon alleged improprieties apparent on the face of the solicitation must be filed prior to bid opening date. In addition, the contracting officer's affirmative determination of the awardee's responsibility will not be questioned in the absence of an allegation of fraud. Finally, the protester's request for test data concerning the awardee's device must be directed to the procuring agency. GAO does not have authority to determine that records of another agency must be released under the Freedom of Information Act.

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