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DECISION OF THE UNITED STATES
WASHINGTON, D. C. 20546
I,TLO
FILE: B-194953
DATE: June 21, 1979
MATTER OF: American Mutual Protective Pureau
DIGEST:
1. Allegation that awardee cannot comply with contract
requirements is dismissed since Government's accep-
tance of responsive bid effectively binds bidder to
perform in accordance with terms of contract, and
whether bidder is able to do so is matter of respon-
sibility which will not be reviewed by GAO except
in limited circumstances not applicable here.
2. Protest concerning specification deficiencies is
not for consideration by GAO since protest was not
filed either with contracting agency or GAO before
bid opening. 4 C.F.R. § 20.2(b)(2).
American Mutual Protective Bureau (American
Mutual) protests specification deficiencies in in-
vitation for bids (IFB) No. PBS-9PS-79-05, issued by
the General Services Administration (GSA) Region 9,
San Francisco, California, for the procurement of
armed guard services. Additionally, American Mutual
protests the award .of this contract to Uni ersal
Service Contractors.(Universal) on the basis that
Universal is a [nonresponsible] bidder who has in
the past not performed on government contracts * * *
and is marginally in operation.
With regard to American Mutual's contention that
Universal is nonresponsible, the award of a contract
to-Universal necessarily involved an affirmative de-
termination of that firm's responsibility under Federal
Procurement Regulations (FPR) § 1-2.407-2 (1964 ed.
amend. 139). Our Office does not review protests
which question such determinations of responsibility
unless either fraud on the part of the procuring
official is alleged, or the solicitation contains
definitive responsibility criteria which have not been
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