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A firm requested reconsideration of its denied protests of two Defense Information Systems Agency contract awards. In its request for reconsideration, the protester repeated the arguments that it previously made and expressed disagreement with GAO prior decisions. GAO held that the protester failed to show any legal or factual errors that would warrant reversal or modification of its original decision. Accordingly, the request for reconsideration was denied.

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B-194358, APRIL 5, 1979

DIGEST: WHERE PROTESTER QUESTIONS RESPONSIBILITY OF LOW BIDDER, OUR OFFICE WILL NOT REVIEW PROTEST UNLESS EITHER FRAUD IS SHOWN ON PART OF PROCURING OFFICIALS OR SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED.

BALDT, INCORPORATED:

BALDT, INCORPORATED (BALDT), PROTESTS AWARD OF A CONTRACT TO E. V. CAMP STEEL WORKS (E.V.) BY THE DEPARTMENT OF THE ARMY, LOUISVILLE DISTRICT CORPS OF ENGINEERS, UNDER SOLICITATION NO. DACW27-79-B-0051.

BALDT ALLEGES THAT E.V. IS INCAPABLE OF MEETING THE REQUIREMENTS OF THE IFB (SUPPLYING EXTRA HIGH STRENGTH 1 3/8-INCH CHAIN) AND REQUESTS THAT A PREAWARD SURVEY BE CONDUCTED TO DETERMINE WHETHER E.V. IS A RESPONSIBLE BIDDER.

THIS OFFICE NO LONGER REVIEWS PROTESTS AGAINST AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS EITHER FRAUD IS SHOWN ON THE PART OF THE PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. CENTRAL METAL PRODUCTS, 54 COMP.GEN. 66 (1974), 74-2 CPD 64; OREGON WILBERT VAULT CORPORATION, B-191000, JANUARY 18, 1978, 78-1 CPD 49. NEITHER EXCEPTION IS PRESENT HERE.

THEREFORE, THE PROTEST IS DISMISSED.