[Request for Reconsideration of Decision Dismissing Protest Alleging Bidder Nonresponsibility]

B-216440.2: Nov 19, 1984

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A firm requested reconsideration of a GAO decision which dismissed its protest that other bidders should have been found nonresponsible under a Bureau of Indian Affairs solicitation because of their previous performance records in connection with Buy Indian preferences. GAO dismissed the protest because it does not consider a responsibility determination unless there is a showing of possible fraud or bad faith on the part of contracting officials or that definitive responsibility criteria were not applied. In its reconsideration request, the protester reiterated its original contention and claimed that successful performance history constitutes a definitive responsibility criterion that must be applied. Absent a statement in a solicitation to the effect, a record of successful performance in an area is not a measure of capability or eligibility. Furthermore, GAO will not review whether a contractor actually complies with an obligation during contract performance since that is a matter of contract administration. Since the protester failed to demonstrate that the prior decision was in error, the decision was affirmed.