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B-190413 1 (1977-10-31)

handle is hein.gao/gaobadfgz0001 and id is 1 raw text is: THE C@MPTR C -A.. SENSRAL DECISION . I. OF TME UNITHC STATES 14WASINGTCA. D.C. knOS4g %0 FILE: B-190413 DATE: October 31, 1977 MATTE OF: LcAtisville Billiard Supply Company DIGEST: Protest based on contention that low bidder is incapable of rendering required services is dismissed since it con- cerns challenge to agency's affirmative determinvtion of responsibility which is not aatter for review by CAO except in circumstances no% present here. Louisville Billiard Supply Company (Louisville) prctests the anticipated award of a contract under solicitation No. GSW-4FWR-70031, issued by the General Services Administradnn, for the repair and maintenance of pool tables, to the apparent low bidder, Mr. Al Futrell. Louisville questions Mr. Putrell's responsibility, alleging that-he has no existing company, no store location and no employees. It is Louisville's belief thk.Mr. Futrell is incap* able of rendering the equired services. This Office does not review protests of affirmative determinations of responsibility, unless fraud is alleged on the part of the contracting officer or the solicitation concains definitive responsibility criteria which allegedly have not been applied. See Central Metal Pr zctsr Inc., 54 Comp. Gen. 66 (1974), 74- CPD 64; Data Test Corporation, 54 Comp. Gen. 499 (1974), 74-2 CPD 365, affirmed 54 Comp. Gen. 715 (1975), 75-1 CPD 138. While we do consider protests irvolving negative determina- tions of a protester's responsibility in order to provide assur- ance against the arbitrary rejection of bids, affirmative determinations are based in large measure on subjective judgments which are Largely within the discretion of the procuring officials who must suffer any.difficulties resulting by reason of a contractor's inability to perform. Here there is no allegation that te responsibility determination was the result of fraud or that definitive criteria have not been applied. The protest 5s dismissed. [0I Paul G. Dembling General -Counsel N

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