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DIGEST: PROTEST QUESTIONING LOW BIDDER'S RESPONSIBILITY BASED ON UNSPECIFIED ACTION PENDING AGAINST THE BIDDER WITH THE DEPARTMENT OF JUSTICE IS DISMISSED BECAUSE GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY EXCEPT UNDER CIRCUMSTANCES NOT APPLICABLE HERE. IS NOT A QUALIFIED BIDDER BECAUSE OF AN UNSPECIFIED ACTION PENDING AGAINST THE FIRM WITH THE DEPARTMENT OF JUSTICE. OUR OFFICE DOES NOT REVIEW PROTESTS AGAINST AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD IS ALLEGED ON THE PART OF PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. NEITHER EXCEPTION IS APPLICABLE HERE. THE PROTEST IS DISMISSED.

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B-206664, MAR 22, 1982

DIGEST: PROTEST QUESTIONING LOW BIDDER'S RESPONSIBILITY BASED ON UNSPECIFIED ACTION PENDING AGAINST THE BIDDER WITH THE DEPARTMENT OF JUSTICE IS DISMISSED BECAUSE GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY EXCEPT UNDER CIRCUMSTANCES NOT APPLICABLE HERE.

SHUFORD MILLS, INC.:

SHUFORD MILLS, INC., PROTESTS AGAINST THE AWARD OF A CONTRACT TO NASHUA CORP. UNDER SOLICITATION NO. 2FC-NAF-A-A1401-S ISSUED BY THE GENERAL SERVICES ADMINISTRATION.

THE PROTESTER CONTENDS THAT NASHUA CORP. IS NOT A QUALIFIED BIDDER BECAUSE OF AN UNSPECIFIED ACTION PENDING AGAINST THE FIRM WITH THE DEPARTMENT OF JUSTICE.

OUR OFFICE DOES NOT REVIEW PROTESTS AGAINST AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD IS ALLEGED ON THE PART OF PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. MID AMERICA MOVERS, INC., B-201740, FEBRUARY 9, 1981, 81-1 CPD 84. NEITHER EXCEPTION IS APPLICABLE HERE.

ACCORDINGLY, THE PROTEST IS DISMISSED.

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