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B-185430 1 (1977-02-18)

handle is hein.gao/gaobadejy0001 and id is 1 raw text is: Wheoaoe aso - DilPrioi.31C THU COMPTROLLER EMNENAL NCO.ION .P THE UNITED ETATEE wASHINSTON. 0.c. 054 ..0 FILE: S-165430 DATE: Itbruary 189 9.M MATTER OF: Universal American nterpriseu, Inc.- request for reconsideration DIGEST: 1. Where upon request for reconsideration of decision in wI'ich GM found reasonable basis for contracting officsr's determination of nonresponibility proterter submits new evidence which purports to show * * * extensive *** Government fault and contends that contrcting officer igtored pending claim (invoflvng prior contract before ASBCA) in nonresponsibility datrin ation, GAO notes that at time of contrr.cing officer's deiermiatin Oovernment liability was neither adjudicated nor admitted. Moreover, quantum of evidence of protester's continual unseisfaactory erformance, substantiated by numerous sources, reasonabiy supported coistracting officer' determination of nonresponsibility. Thus, prior decision is affirmed. 2. Where GAO has concluded that contracting officer's determina- tion oftnonresponsibility was rcesonably supported by record, claimant has failed to show requisite arbitrary and capricious action by contrattiar activity toward offeror-claimant and claim for proposal preparation costs is denied. By ietter .dated November 11, 1976, Universal hmerican Enterprises, Inc. (UAE), requested reconsideration of our decision in Univirsal American Enterprises, Inc., 3-185430, November 1, 1976, 76-2 CPD 373, in which we denied UAE's protest of the award of a contract to Kentron Hawaii, Ltd., for maintenance and repair of the intrusion detection alarm system (IDA) at Oiian Air Base, Korea. Disagreement with the contracting officer's determinatinn of UAE as a nonresponsible contractor formedi the basis of that protest. By letter dated January 14, 1977, UAE also submitted a claim for proposal preparation costs. UAE has requested reconsideration on the basis of new evidence in the form of 'in agreement between UAE and the Air Force (resulting from its claim under a prior contract before thG-Ar2d Services Board of Contract Appeals (ASBCA)) 'In which the Air Force, has purportedily admitted ** *extensive * * GVovernment fault, and agreed to pay UAE * * * akxrst triple ths original mount of the contract as compeinsation * * *. UAE contends that despite the fact that the contracting officer had been adctsed of UAE's then pending claim before the ASBCA alleging Government fault, he failed to consider this claim in reaching his nonresponsibility determination. S- 1- 2

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