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B-192907 1 (1979-09-12)

handle is hein.gao/gaobabjgr0001 and id is 1 raw text is: 

                COMPTROLLER GENERAL OF THE UNITED STATES
                         WASHINGTON. D.C. 20548

                                            IN RFPLY
                                            REFER TO:

                                                  B-192907

                                           September 12, 1979



  The Honorable Barry Goldwater                .
  United States Senate                                0 e

  Dear Senator Goldwater:

       We refer to your letter dated July 9, 1979, in
  which you requested a response from our Of e to the
  matters raised i         t     ht       n
P Mr. John Carlson of M. M. Sundt Construction Companyl7
   (Sundt). As you are aware, this matter was the subject
   of our decision concerning a protest filed by Sundt's     ,F0)Jt
   subsidiary, C. R. Fedrick, Inc. See C. R. Fedrick, Inc. )1
   B-192907, May 4, 1979, 79-1 CPD 309.

        With respect to Mr. Carlson's complaint that a
   foreign manufacturer can come to the United States and
   operate as a Federal contractor without any experience
   or prequalification, we would like to point out that no
   Federal contract may be awarded to any person or firm
   unless the contracting officer first makes an affirma-
   tive determination that the prospective contractor is
   responsible. Defense Acquisition Regulation (DAR)
   S.1-904.1 (1976 ed.) and Federal Procurement Regulations
   (FPR) § 1-1.1204-1 (1964 ed.). Before making this
   determination of responsibility, the contracting officer
   is required to have in his possession information suf-
   ficient to satisfy himself that the prospective contrac-
   tor has, among other things, adequate financial resources;
   a satisfactory record of performance; a satisfactory
   record of integrity and business ethics; an ability to
   comply with the delivery or performance schedule; and,
   is otherwise qualified and eligible to receive an award
   under applicable laws and regulations. DAR S 1-903 and
   FPR S 1-1.1203.

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