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THE COMPTPOLLEN CENENAL ?,1*s r-
DECISION OP TM UNITES STATEW
WASHINGTON, *%D.C. 00548
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PILE: 3-189950 DATE: October .8, 1977
MATTEfR OF: Leslla Brooks & &ssociates, Inc.
DIGEST:
Protest challenging contracting officer's affirmative
determination of prospective contractor's responsibil-
ity will not be considered where fraud or misappli-
cation of definitive responsibility criteria is not
Involved.
Leslie Brooks & Associates, Inc. (Leslie Brooks), protests
the award of a contract by the Department of Health, Education,
sad Welfare to another offeror under RFP 105-77-6001. To be
more specific, Leslie Brooks protests in substance that the
awardee was not listed in the Tulsa telephone directory at the
time the contret was awarded. Further, the awardee is basi-
cally a certAfted public accountaut with little background in
the field of management consulting. Leslie Brooks, in effect,
challenges the contracting officer's affirmative determination
of an offeror's responsibility.
As a general rule, we do not consider protests concerning
determiations that particular prospective contractors are re-
sponsible. Affirmative determinations of responsibility are largely
a matter of subjecti-e judgment within the sound discretion
of contracting agency officials, who must bear the brunt of any
difficulties experienced by reason of a contractor's inability to
perform. We will review such determinations only in certain limited
circumstances--if there is a shoving of fraud by the agency, or where
it is alleged that definitive responsibility criteria set fceth in the
solicitation were not properly applied by the agency.
Since no shoving of fraud or alleged misapplication of defini-
tive responsibility criteria is involved in the present case, the
protestarls objection to the affirmative determination of responsi-
bility will not be consideres. Southern Methodist University,
3-187737, April 27, 1977, 77-] CPD 289.
Paul G. DemblinU
General Counsel
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