[Protest of GSA Contract Award]

B-215169: May 23, 1984

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A firm protested a General Services Administration contract award under an invitation for bids (IFB) for protective services, contending that the IFB failed to include a Department of Labor wage determination and that the awardee had not filed with the State as a foreign corporation as required by State law. GAO held that: (1) the protest regarding the wage determination was untimely, since the basis for the protest was apparent on the face of the solicitation but it was not filed until after bid opening; and (2) the issue of the awardee's compliance with State law was a matter to be resolved by State authorities. GAO stated that a contracting officer may consider a firm's lack of authority to transact business in a State during his assessment of the firm's responsibility. However, the awardee's responsibility had already been determined, and GAO will not question an affirmative responsibility determination except in limited circumstances not present here. Accordingly, the protest was dismissed.

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