A firm requested reconsideration of a decision dismissing its protest against two Navy contract awards. In its initial protest, the protester questioned the contracting officer's affirmative determination that the awardee was a responsible contractor; however, GAO will not review an affirmative determination of responsibility unless the protester shows possible fraud or bad faith on the part of the contracting officials. Although the protester alleged bad faith, GAO found that: (1) the arguments were based on inadequately substantiated suspicions; and (2) the protester had not met its burden of proof. The protester argued that it was inable to meet its burden of proof because the contracting officer failed to disclose requested information. GAO has held that: (1) a protester's burden of proof is not affected by an agency's alleged failure to disclose information under the Freedom of Information Act; (2) it does not conduct investigations pursuant to its bid protest function for the purpose of establishing validity of a protester's speculative statements; and (3) the protester's request for reconsideration did not contain a detailed statement of the factual or legal grounds upon which reversal of the prior decision was deemed warranted. Accordingly, the request for reconsideration was dismissed.
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