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B-211591 1 (1983-06-27)

handle is hein.gao/gaobabklh0001 and id is 1 raw text is: 

                        THE COMPTROLLER SENERAL
DECISION               .Op THE UNIEU         STATES
                        WAS HINGTO N. 0. C. 20548




FILE:                         DATE: December 20, 1983
         B-212960
MATTER OF:
             Lion Brothers Company, Inc.

DIGEST:


1.   Unsupported allegations of bias by con-
      tracting personnel and of their failure
      to evaluate samples fairly do not meet
      the protester's burden of presenting
      sufficient evidence to prove its case.

 2.  GAO has no authority to determine what
      information must be disclosed by an agency
      under the Freedom of Information Act.

 3.   Protest that awardee might provide noncon-
      forming items raises a matter of contract
      administration which is the responsibility
      of the procuring agency, not GAO.


      Lion Brothers Company, Inc. protests the U.S. Customs
 Service's award of a contract to Conrad Industries under
 request for proposals No. CS-83-9, under which the Customs
 Service is purchasing an indefinite quantity (maximum
 70,000) of embroidered emblems. The protester, who offered
 the highest price of the four offers received by the
 Customs Service, submitted samples which were rejected for
 failure to comply with the solicitation's specifications.
 Award was made to the lowest-priced acceptable offeror.

     We dismiss the protest.

     Lion Brothers basically complains as follows:

     1) there might have been irregularities,
     unspecified by the protester, with the
     possible intent of excluding Lion Brothers
     from award;

     2) the protester has reasons, again unspeci-
     fied, to believe that samples were tested
     inadequately or incompletely; and

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