[Request for Reconsideration of Protest Under Army RFP]

B-209491.2,B-209492.2: Oct 4, 1983

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A firm requested a reconsideration of an earlier decision in which GAO held that contracting officers had properly determined the firm to be nonresponsible under two requests for proposals (RFP). GAO found that the protester raised no new issues of fact with respect to the protest under one RFP and did not demonstrate errors of law in the original decision. Concerning the second RFP, the protester alleged in its request for reconsideration that the contracting officer's finding of responsibility was tantamount to bad faith, since the same contracting officer had found the firm to be responsible under an earlier procurement. GAO held that a contracting officer's determination of responsibility does not bind him to the same determination for all subsequent procurements. Finally the protester argued that the determinations should have been referred to the Small Business Administration, but GAO pointed out that such a referral is not required for procurements that will be conducted outside of the United States. Consequently, the original decision was affirmed.