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![handle is hein.gao/gaobadeew0001 and id is 1 raw text is:
Sf' THE COMPTFROLLEfl GENERAL.
DECISION .J ) o: THE LUNIT aSTAY-eS
VJASHINGTON 0, OtD4U
FILE: -1859463 CATE: October 6, 191;
B- 185986
MATTER OF:
Nartron Corporation; DC Electronics, Inc.
DIGEST:
1. Mere record indicates that issues before courc it. suit filed
by protester against successful bidder under subject pricure-
ment are same as ineorporated in proCst and are likcly to be
disnosed of by court, GAO will render no decision
on merits of protest.
2. Protest alleging patent Infringement as result of contract awards
to another compan; will not be considered since protester has
brought suit against Government for money damages in Court of
Claims and 28 U.S.C. 5 1498 (1970) confers exclusive jurisdiction
on that forum to consider claims for unauthorized Governmer.t
patent Infringertent.
3. GAO no longer reviews affirmative determinations of responsibility
of prospective contractors absent allegation of fraud on part of
procuring officials or where solicitati)n contains definitive respon-
sibility criteria whirh allegedly were not applied. Thus, award to
low bidder determined to be responsible will net he questIoned not-
withotanding its performance problems incurred in supplying identical
item under previous contracts, since there has be en no showing
of fraud or failure of bidder to meet definitive criteria.
4. Where record supports determinatio1 that public exigency did not
permic forrial advertising, GAO wil] not question sole-source
award of contract negotiated under oral solicitatior pursuant to
authrity of 10 U.S.C. § 2304(a)(2) (1970).
This decision InvuJves protests under invitation for bids (IFB)
No. DAAL:O7-76-B-0952, and requast for proposals (RFP) DAAE07-76-R-1346,
soliciLations for the supply of vehicle turn signal units, hicn wtere
issued by the United States Army Tank - Autcmotive Corrmand (TACOM),
Warren, Michigan.
The IFB, calling for the production of 55,108 units, was releaned
to 33 potentia. bidders. Two bids were received by bid opening on
Novemner .2, 1975. C Electronics, Inc. (I)CEIL), aubinitted the low bid
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