B-216200, SEP 7, 1984, 84-2 CPD 265

B-216200: Sep 7, 1984

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CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY IN THE ABSENCE OF A SHOWING OF FRAUD OR ALLEGATIONS THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE INVITATION WERE MISAPPLIED. PUTNAM BELIEVES THAT ANY BIDDER OTHER THAN PUTNAM WILL BE UNABLE TO MEET THE DELIVERY REQUIREMENTS SET FORTH IN THE INVITATION. THIS OFFICE DOES NOT REVIEW PROTESTS CONCERNING AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF THE PROCURING OFFICIALS IS ALLEGED OR THE INVITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED.

B-216200, SEP 7, 1984, 84-2 CPD 265

CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY IN THE ABSENCE OF A SHOWING OF FRAUD OR ALLEGATIONS THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE INVITATION WERE MISAPPLIED.

PUTNAM MILLS CORPORATION:

PUTNAM MILLS CORPORATION (PUTNAM) PROTESTS AWARD TO ANY OTHER BIDDER UNDER DEFENSE LOGISTICS AGENCY INVITATION FOR BIDS NO. DLA100-84-B 0969. PUTNAM BELIEVES THAT ANY BIDDER OTHER THAN PUTNAM WILL BE UNABLE TO MEET THE DELIVERY REQUIREMENTS SET FORTH IN THE INVITATION.

WE DISMISS THE PROTEST.

THE PROTEST RELATES TO BIDDER RESPONSIBILITY OR CAPABILITY TO PERFORM IN ACCORDANCE WITH THE TERMS SET FORTH IN THE INVITATION. THIS OFFICE DOES NOT REVIEW PROTESTS CONCERNING AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF THE PROCURING OFFICIALS IS ALLEGED OR THE INVITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. ENVIRONMENTAL LABORATORY OF FAYETTEVILLE, INC., B-205593, DEC. 7, 1981, 81-2 CPD PARA. 445, AFFIRMED, JAN. 13, 1982, 82-1 CPD PARA. 32. NEITHER EXCEPTION HAS BEEN ALLEGED TO APPLY HERE.

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