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B-191252 1 (1978-03-28)

handle is hein.gao/gaobadfvx0001 and id is 1 raw text is: 






                                    4, THE COMPTROLLER GENERAL
               OECIE   TON             OF  THY   UNITED     STATES
                                       S Wf.HJNGTON, D.C. 0048



               FILE:    8-191152             DATE: March 28, 1978

               MATTER  OF:  Virginia-Maryland Associates

               DIGEST:
               1. Protest alleging that prop:.sed awardee cannot comply
                  with solicitation requirements is dismissed since
                  Government's acceptance of responsive uffer effectively
                  binds offeror to perform in accordance with terms of
                  solicitation, and whether offeror is able to do so is'
                  matter of responsibility, and agency's affirrative
                  detAmination  chere9f will not be reviewed by GAO
                  except in lim: ted circumstances.

              2.  Whether awardee is complying with previous contracts
                  is matter of contract administration, and not for
                  GAO consideration.
                  Virginia jrpryland Associates, Inc. (VMA), has pro-
              tested the proposed award af a contract for lamps to G.F.C.
              Manufacturing Company (GFC), under request for quotations
              (RPQ) No. 3FP-AA-T-B-H5620-l, issued by the General Ser-
              vices Administration (GSA). VMA also protests the con-
              tinued performance by JFC under 2 previous contracts
              for the same lamps.

                   VMA alleges that its visual inspection of the lamps
              being delivered under two previous contracts reveals that
              they do not comply with the Government's specification
              (Mil. Spec. MIL-L-2858Z).  VMA also alleges that the
              delivery schedu2le is not being maintained. The protester
              argues that GFC is not a responsible contractor, as evi-
              den ed by these alleged performance deficiencies. VMA
              requests that we intervene in the previous contracts
              and require termination and resolicitation, and that
              we find GFC nonresponsive and nonresponsible and there-
              fore not eligible for award under the current RFQ.

                   Regarding the current RFQ, offerors reoonded to the
              RFQ by quoting a unit price and total amount in colu:nns
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