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B-192031 1 (1978-07-19)

handle is hein.gao/gaobadgfm0001 and id is 1 raw text is: 






                         rHE COMPTROLLUR GENERAL
DECIBION      .OP Tms UNIED                  *TATEU
                      */WASHINGTON, D.C. R0541



FILE: 9-192031                DATE:  July 19, 1978

AATTER  OF:   Virginia-Maryland Associates, Inc.


DIGEST:

1.  Allegation that awardee is not capable of supply-
    ing products meeting MIL. SPEC. is not-for
    consideration, since GAO no longer reviews
    affirmative determinations of responsibility
    unless there is showing of fraud or mis-
    application of definitive responsibility
    criteria.

2.  Whether products supplied actually complied with
    MIL..SPEC. and, if they did not, whether they
    should be rejected and contracts terminated are
    matters of contract administration which is
    responsibility of procuring actiiity, not GAO.

    Virginia-Mary'land Associatas, Inc. (VMA), states
that, under twi pzevious contracts with the General
Services Administration (GSA), G.P.C. Manufacturing
Co. (GFC) failed tc supply products meeting MIL. SPEC.
MIL-L 28583(YD).  This, VMA contends, proves that
GPC is not capable of supplying compliant produc-. r

     Accordin-to  VMA, GSA accepted GFC's noncompliant
products instead of rejecting the items as regunrid
by the Federal Procurer-nt Regulations; e.nd in spite
of GFC's failure to supply satisfactory products, GSA
still considers GFC to be a qualified prospective
contractor, which Is unfair to other bidders.

     With regard to the procurement of products
meeting MIL. SPEC./MIL-L 28583(YD), such as invitation
for bids FEHP-P4-5062-A-5*25-78, VMA tequests that
GFC be found nonresponsible. Morecver, its previous
contracts should be canceled, and its products should
be rejected.  Compliant products should be reptocured
from other qualified bidders,


.L.-

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