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B-210640, FEB 17, 1983

B-210640 Feb 17, 1983
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N00024-83-PR 22615 ISSUED BY THE NAVAL SEA SYSTEMS COMMAND ON THE GROUNDS THAT TMI LACKS RESPONSIBILITY BECAUSE IT DOES NOT HAVE THE FACILITIES AND FINANCIAL CAPABILITY TO COMPLETE THE CONTRACT. OUR OFFICE DOES NOT REVIEW A PROTEST AGAINST A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET.

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B-210640, FEB 17, 1983

DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE RESPONSIBILITY DETERMINATION EXCEPT IN LIMITED CIRCUMSTANCES.

LINE FAST CORPORATION:

LINE FAST CORPORATION PROTESTS AGAINST AN AWARD OF A CONTRACT TO TRI MARINE INDUSTRIES, INC. (TMI), UNDER SOLICITATION NO. N00024-83-PR 22615 ISSUED BY THE NAVAL SEA SYSTEMS COMMAND ON THE GROUNDS THAT TMI LACKS RESPONSIBILITY BECAUSE IT DOES NOT HAVE THE FACILITIES AND FINANCIAL CAPABILITY TO COMPLETE THE CONTRACT.

OUR OFFICE DOES NOT REVIEW A PROTEST AGAINST A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET. J&R CLEANING AND GENERAL MAINTENANCE, B-206280, FEBRUARY 19, 1982, 82-1 CPD 147. NEITHER EXCEPTION APPLIES HERE.

WE DISMISS THE PROTEST.

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