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B-183844 1 (1975-07-31)

handle is hein.gao/gaobadckp0001 and id is 1 raw text is: S.. THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 0VNITLE FILE: B-183844 DATE: July 31,1975 MATTER OF: National Flooring Company q DIGEST: 1. Protests against affirmative determinations of responsibility are not reviewed unless either fraud is alleged on the part .of procuring officials or where solicitation contains defini- tive responsibility criteria which allegedly have not been applied. 2. Where there was reason to question low offeror's eligibility for award and urgent need for material existed, agency's deci- sion to survey second low bidder was consistent with applicable regulation and no basis exists to question procedure followed. 3. Whether Government should terminate a contract for default and reprocure against contractor's account are matters of contract administration which are the function and responsibility of the contracting agency and not for resolution pursuant to GAO's bid protest function. National Flooring Company has protested on several bases the contract award to American Biltrite, Inc. under solicitation AT/DQ18286, issued by the General Services Administration (GSA) for rubber foam matting. Initially National contends that the contractor should have been determined nonresponsible because of the firm's inadequate per- formance on prior contracts. This Office does not review protests against affirmative deter- minations of responsibility, unless either fraud is alleged on the part of procuring officials or where the solicitation contains defini- tive responsibility criteria which allegedly have not been applied. See Central Metal Products, Inc., 54 Comp. Gen. 66 (1974). Affirma- tive determinations are based in large measure on subjective judgments which are largely within the discretion of procuring officials who must suffer any difficulties experienced by reason of a contractor's inability to perform. However, we will continue to consider protests against determinations of nonresponsibility to provide assurance against the arbitrary rejection of bids. - 1-

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