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[Protest of GSA Requirements Contract]

B-212653 Published: Nov 30, 1983. Publicly Released: Nov 30, 1983.
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Highlights

A firm protested the General Services Administration's (GSA) award of a requirements contract, contending that the awardee falsely certified that domestic source end products would be furnished even though it intended to purchase supplies from foreign sources. The protester also alleged that GSA failed to conduct a proper preaward survey or to disclose a breakdown of the awardee's component sources, and it questioned the awardee's capability to satisfactorily perform the contract work. GSA stated that its preaward survey found the awardee to be in compliance with all domestic source requirements. In addition, the Small Business Administration (SBA) issued the awardee a Certificate of Competency (COC). GAO does not review COC determinations absent a showing of fraud or noncompliance with the definitive responsibility criteria specified in the solicitation. Since neither of these factors were present, GAO would not consider the matter of the awardee's responsibility. Whether a contractor complies with its domestic source certificate and whether an awardee is a regular dealer or manufacturer as defined in the Walsh-Healey Act are matters of contract administration which are not for GAO consideration. Finally, GAO has no authority under the Freedom of Information Act to ask GSA to disclose certain information to the protester. Accordingly, the protest was dismissed.

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Bidder responsibilityCertificates of competencyContract award protestsInformation disclosurePreaward surveySmall business contractorsFreedom of information