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[Complaint Concerning Capability of Awardee To Perform Services]

B-214173 Feb 10, 1984
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Highlights

A firm complained about a Springfield, Massachusetts, contract award issued pursuant to a block grant from the Department of Housing and Urban Development for the construction of a sewer system. The protester contended that the awardee could not provide the required materials and services at the prices which it offered. In addition, the protester argued that the project manager should have been aware that the awardee could not perform at the offered prices and that his affirmative determination of the awardee's responsibility was tantamount to fraud. GAO will not review an affirmative determination of responsibility absent a showing that the contracting officer acted fraudulently or in bad faith. GAO found that it did not have a sufficient basis for reviewing the matter because the protester failed to make such a showing. Accordingly, the complaint was dismissed.

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