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B-184044 1 (1975-06-16)

handle is hein.gao/gaobadchz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-184044 DATE: June 16, 1975 MATTER OF: Burgess Brothers Inc. DIGEST: Allegation that contractor to whom award was made is nonresponsible because of inadequate past performance will not be considered by GAO, since practice of re- viewing bid protests involving contracting officer's affirmative determination of responsibility has been discontinued absent showing of fraud. Burgess Brothers Inc. (Burgess) protested the award of a contract made to Fourdee Inc. (Fourdee) under invitation for bids No. N00024-75-B-6037, issued by the Naval Sea Systems Command. It anears that the basis for the protest is that Fourdee is nonresponsible because of alleged inadequate prior contract performance. Our Office has discontinued the practice of reviewing bid protests involving a contracting officer's affirmative determi- nation of responsibility of a contractor. The determination of responsibility is largely within the discretion of the procure- ment officials who must bear any difficulties experienced by reason of a contractor's nonresponsibility. If the contracting officer finds the contractor responsible, we do not believe the finding should be disturbed absent fraud. Sanders Associates, Inc., B-183019, January 27, 1975. Accordingly, we will not consider the Burgess protest on the merits. Paul G. Dembling General Counsel - 1-

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