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B-181866 1 (1975-11-13)

handle is hein.gao/gaobadctf0001 and id is 1 raw text is: 

                   0%.tER 0
                   S   ~.   THE  COMPTROLLER GENERAL
DECISION          0:-7    OF  THE UNITED STATES
                            WASHINGTON, D. C. 20548
                    N%5Tb-         -                  ,01b


FILE:     B-181866                DATE: November   13, 1975

MATTER OF:        Columbia Loose-Leaf  Corporation


DIGEST:


1.  Reasonable basis existed for contracting officer's determination
  - that low bidder was nonres onsible, where pre-award survey team
    concluded that bidder was 'incapable of performing on basis
    of delinquencies on existing contracts, poor past performance,
    insufficient production capacity and lack of sufficient personnel.
    Furthermore,  SBA's denial of COC affirms contracting officer's
    determination of nonresponsibility.

2.  Contracting officer's determination that low bidder was non-
    responsible which was based upon negative Plant Facilities
    Report by GSA  quality control personnel, will not be disturbed
    or questioned where bidder has not shown determination to be
    in crror, and it cannot be concluded from evidence of record or
    GAO's  independent investigation of procurement, that determina-
    tion was unreasonable.

3.  Where  evidence of record and GAO investigation indicate that low
    bidder's delay in performance of its previous contracts, result-
    ing in contracting officer's determination of nonresponsibility for
    current contract, was the result of its own weakened financial
    condition, increasing prices, shortage of supplies and raw materi-
    als and insufficient personnel, and not the result as alleged of
    arbitrary inspection procedures or other improper action on the
    part of activity's quality control personnel, determination of non-
    responsibility was reasonable and will not be disturbed or ques-
    tioned.

4.   Protester's contention that GSA official exerted improper influ-
     ence on SBA officials performing COC review of its plant and
     facilities is without merit, since GSA official's presence at plant
     on day of survey and conversation with SBA officials does not
     establish that SBA findings were tainted and survey was not
     impartial. Furthermore, protester's mere suspicions not
     supported by clear or convincing evidence. of any wrongdoing
     by either GSA or SBA personnel, is not sufficient to cast doubt
     on reasonableness or validity of SBA determination to deny COC.

                              - 1-

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