[Request for Reconsideration of Protest Under DGSC Solicitation]
Highlights
A firm requested reconsideration of a decision which dismissed its protest against a proposed Defense General Supply Center contract. GAO dismissed the protester's allegations since they concerned the proposed awardee's responsibility, and GAO does not review agency determinations of responsiblity unless there is a showing of possible fraud or bad faith on the part of agency officials, or the solicitation contains definitive responsibility criteria which have not been applied. In its request for reconsideration, the protester contended that the proposed awardee changed the place of performance designated in its original bid from a non-labor-surplus area to a labor surplus area and, by allowing this change, the contracting agency allowed the proposed awardee to make a nonresponsive bid. GAO found that the original place of performance was in a labor surplus area; therefore, there was nothing improper in the contracting agency's allowing the proposed awardee to change the place of performance. Since the protester failed to demonstrate that the prior decision was based on an erroneous interpretation of fact or law, the prior decision was affirmed.