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DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT A SHOWING OF FRAUD ON THE PART OF PROCURING OFFICIALS OR AN ALLEGATION THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE MISAPPLIED. DOMAR CONTENDS THAT PRECISION IS NOT A RESPONSIBLE FIRM IN THAT DOMAR BELIEVES THAT PRECISION NEITHER UNDERSTANDS THE REQUIREMENTS NOR INTENDS TO SUPPLY THE MATERIAL SPECIFIED. WE WILL NOT CONSIDER THE PROTEST. THAT IS. IS LIMITED TO SITUATIONS WHERE THE PROTESTER SHOWS FRAUD ON THE PART OF PROCURING OFFICIALS OR THE PROTESTER ALLEGES THAT THE PROCURING ACTIVITY HAS FAILED TO PROPERLY APPLY THE SOLICITATION'S DEFINITIVE RESPONSIBILITY CRITERIA. NEITHER SITUATION IS APPLICABLE TO DOMAR'S PROTEST.

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B-209372, DEC 15, 1982

DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT A SHOWING OF FRAUD ON THE PART OF PROCURING OFFICIALS OR AN ALLEGATION THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE MISAPPLIED.

DOMAR INDUSTRIES CO., INC.:

DOMAR INDUSTRIES CO., INC. (DOMAR), PROTESTS THE DEFENSE LOGISTICS AGENCY'S (DLA) AWARD OF A CONTRACT TO PRECISION CABLE (PRECISION) UNDER INVITATION FOR BIDS NO. DLA700-82-B-0758. DOMAR CONTENDS THAT PRECISION IS NOT A RESPONSIBLE FIRM IN THAT DOMAR BELIEVES THAT PRECISION NEITHER UNDERSTANDS THE REQUIREMENTS NOR INTENDS TO SUPPLY THE MATERIAL SPECIFIED.

WE WILL NOT CONSIDER THE PROTEST.

OUR REVIEW OF PROTESTS AGAINST AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY, THAT IS, THE ABILITY OF A PROSPECTIVE BIDDER TO PERFORM, IS LIMITED TO SITUATIONS WHERE THE PROTESTER SHOWS FRAUD ON THE PART OF PROCURING OFFICIALS OR THE PROTESTER ALLEGES THAT THE PROCURING ACTIVITY HAS FAILED TO PROPERLY APPLY THE SOLICITATION'S DEFINITIVE RESPONSIBILITY CRITERIA. PROFICIENCY ASSOCIATES, INC., B-198844.3, JANUARY 19, 1981, 81-1 CPD 29. NEITHER SITUATION IS APPLICABLE TO DOMAR'S PROTEST.

THE PROTEST IS DISMISSED.

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