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B-202900, MAY 5, 1981

B-202900 May 05, 1981
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DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT SHOWING OF FRAUD BY PROCURING OFFICIALS OR THAT SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH HAVE NOT BEEN APPLIED. X-TYAL CONTENDS THAT MINDEN MILLS IS NOT A FINANCIALLY RESPONSIBLE BIDDER SINCE. OUR OFFICE DOES NOT REVIEW PROTESTS AGAINST AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS EITHER FRAUD IS SHOWN ON THE PART OF THE PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. NEITHER OF THESE EXCEPTIONS IS PRESENT HERE.

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B-202900, MAY 5, 1981

DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT SHOWING OF FRAUD BY PROCURING OFFICIALS OR THAT SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH HAVE NOT BEEN APPLIED.

X-TYAL INTERNATIONAL CORP.:

X-TYAL INTERNATIONAL CORP. (X-TYAL) PROTESTS THE AWARD OF A CONTRACT TO MINDEN MILLS UNDER INVITATION FOR BIDS NO. DLA700-81-B-0944 ISSUED BY THE DEFENSE CONSTRUCTION SUPPLY CENTER, DEFENSE LOGISTICS AGENCY, COLUMBUS, OHIO. X-TYAL CONTENDS THAT MINDEN MILLS IS NOT A FINANCIALLY RESPONSIBLE BIDDER SINCE, ACCORDING TO X-TYAL, IT HAS A RECORD OF DELAYED PAYMENTS TO VENDORS.

OUR OFFICE DOES NOT REVIEW PROTESTS AGAINST AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS EITHER FRAUD IS SHOWN ON THE PART OF THE PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. PLANNED SYSTEMS INTERNATIONAL, INC., B-200860, NOVEMBER 7, 1980, 80-2 CPD 348. NEITHER OF THESE EXCEPTIONS IS PRESENT HERE.

PROTEST DISMISSED.

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