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B-213517, NOV 8, 1983

B-213517 Nov 08, 1983
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DIGEST: GAO WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH OR AN ALLEGATION THAT DEFINITIVE RESPONSIBILITY CRITERIA WERE MISAPPLIED. SURGICAL ASSERTS THAT AMERICAN IS NONRESPONSIBLE FOR VARIOUS REASONS. THIS OFFICE WILL NOT REVIEW A CONTRACTING OFFICER'S DETERMINATION THAT A PROSPECTIVE CONTRACTOR IS RESPONSIBLE UNLESS THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED OR THERE IS A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF THE CONTRACTING OFFICIALS. THE AWARD OF A FEDERAL CONTRACT NECESSARILY INCLUDES A FINDING THAT THE AWARDEE IS RESPONSIBLE. WE WILL NOT CONSIDER SURGICAL'S ASSERTION THAT AMERICAN IS NONRESPONSIBLE.

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B-213517, NOV 8, 1983

DIGEST: GAO WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH OR AN ALLEGATION THAT DEFINITIVE RESPONSIBILITY CRITERIA WERE MISAPPLIED.

SURGICAL INSTRUMENT COMPANY OF AMERICA:

SURGICAL INSTRUMENT COMPANY OF AMERICA PROTESTS THE AWARD OF A CONTRACT TO AMERICAN MEDICAL INSTRUMENT COMPANY UNDER REQUEST FOR PROPOSALS (RFP) NO. DLA120-83-R-1706 ISSUED BY THE DEFENSE LOGISTICS AGENCY. SURGICAL ASSERTS THAT AMERICAN IS NONRESPONSIBLE FOR VARIOUS REASONS. WE DISMISS THE PROTEST.

THIS OFFICE WILL NOT REVIEW A CONTRACTING OFFICER'S DETERMINATION THAT A PROSPECTIVE CONTRACTOR IS RESPONSIBLE UNLESS THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED OR THERE IS A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF THE CONTRACTING OFFICIALS. KECO INDUSTRIES, INC., B-204719, JULY 6, 1982, 82-2 CPD 16. THE AWARD OF A FEDERAL CONTRACT NECESSARILY INCLUDES A FINDING THAT THE AWARDEE IS RESPONSIBLE. DEFENSE ACQUISITION REGULATION SEC. 1-902 (1976 ED.); B.H. AIRCRAFT COMPANY, INC., B-210798, APRIL 1, 1983, 83-1 CPD 344. SINCE NEITHER EXCEPTION APPLIES HERE, WE WILL NOT CONSIDER SURGICAL'S ASSERTION THAT AMERICAN IS NONRESPONSIBLE. B.H. AIRCRAFT COMPANY, INC., SUPRA.

THE PROTEST IS DISMISSED.

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