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A firm requested reconsideration of a prior GAO decision which dismissed its protest against the award of a Defense Logistics Agency (DLA) contract for shoulder insignia. The protester had questioned the awardee's financial ability to perform the contract, as well as its status as a regular dealer under the applicable legislation. The protest concerning the awardee's financial ability was dismissed because it involved an affirmative determination of responsibility, which GAO does not review absent an allegation of fraud on the part of the procuring officials or the failure to apply definitive responsibility criteria listed in the solicitation. The protest relating to the awardee's status as a regular dealer was also dismissed because that is a matter to be determined by the contracting agency, subject to review by the Small Business Administration (SBA) if a small business is involved. In the reconsideration request, the protester complained that SBA had indicated that it would not review the awardee's responsibility unless DLA determined that it was not responsible; therefore, the protester argued that GAO should consider the matter. GAO stated that the mere fact that SBA will not review a finding that a small business is responsible affords no legal basis for GAO to do so. Accordingly, the prior decision was affirmed.


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