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[Protest of Army Rejection of Bid for Flare Decoys]

B-221298: Mar 13, 1986

A firm protested the Army's rejection of its bid under a solicitation for flare decoys, contending that the Army improperly determined that it was nonresponsible. GAO found that: (1) a Defense Contract Administration Services Management Area conducted a preaward survey and recommended against award to the protester because of its unsatisfactory past and current contract performance; (2) the contra...

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B-221298, MAR 13, 1986, 86-1 CPD 252

B-221298: Mar 13, 1986

CONTRACTING OFFICER HAS BROAD DISCRETION IN DETERMINING BIDDER'S RESPONSIBILITY AND GAO WILL NOT QUESTION A NEGATIVE DETERMINATION ABSENT A SHOWING OF BAD FAITH OR LACK OF ANY REASONABLE BASIS FOR THE DETERMINATION. THAT REEVALUATION WAS APPROPRIATE IF THE PRE-AWARD SURVEY WAS THE ONLY BASIS FOR THE CONTRACTING OFFICER'S NEGATIVE DETERMINATION IS WITHOUT EFFECT. THE CONTRACTING OFFICER IS EMPOWERE...

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