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B-192275 1 (1978-07-21)

handle is hein.gao/gaobadgfq0001 and id is 1 raw text is: Mn ' THE COMPTROLLRM DNERAL OCISION z. . oF THE UNITo STATES z WASHINGTON. 0.C. 2AS FILE: B-192275 DATE: July 21, 1978 MATTER F:Virginia-Maryland Associates, Inc. DIGEST: 1. Protest that offeror not be considered eligible supplier based upon alleged prior deficient performance is dismissed, since Government's acceptance of respon- sive Offer effectively bindn offeror to pcrform in accordance with terms of solici- tation and whether offeror is able to do so is matter of responsibility, and agency's affirmative determination thereof will not b. reviewed by GAO except in limited circumstances. 2. Whether contractor is complying with requirements of contracts is matter of contract administration, ind not-for GAO co'sideration Virginia-Maryland Associates, Inc. (VMA), has pro- tested against any contract award for lamps being made to G.F.C. Manufacturing Company (GFC) under solicitation No. PEHP-P-5039-A-6-21-78, issued by the Federal Supply Service (PSS). VMA has also protested the alleged failure of GPC to comply with specifications and delivery schedules under two previous contracts with FSS for lamps (contracts Nos. FEHP-Pl-71684--A-12-lG-76 and FEHP-PI-7193-N-4-15-77). VMA alleges that GFC has supplied and PSS has accepted products which did not conform to the Government's specifi- cation (Nil. Spec. MIL-L-28583) and which were delivered late under the twe previous contracts. VMA requests that GFC be removed from consideration as an eligible supplier under the current solicitation (PFEP-P-5039-A-6-21-78) based upon its allegedly deficient performance under the two previous contracts for lamps. VMA elso asks that our Office require FSS to reject all nonconforming products delivered by GFC under the two prior contracts and to terminate these contracts.

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