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B-190969 1 (1978-08-04)

handle is hein.gao/gaobadghc0001 and id is 1 raw text is: 

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                                  SNIT.W COMPTROLLER WNe.AL
            CECISi   tN   .(F , . P  M UNITED STATEU
                                    /ASHINGTON, D.C. 20548



           FILE:                          DATE:  August 4, 1978
                  -'.fl-90969
           MATTEH   cF:
                        Gould, Xnc., and Fuji Electric Co., LTD.

           DIGEST:

           3.   Unsuccessful biader for concract under Federal
                grant contends that grantee's affirmative
                determination of low bidder's responsibility
                is erroneous,because low' bidder has no experi-
                tnce iii manufactute of geheric type of AC switch-
           *    dear as requited by solicitation.  Where solic-
                itatin  requires si ilar experience, GAO
                has limited its review to whether evidence of
                specified experiice'was  submitted and has
                declined to review affirmative responsibiliy
                dLterminations, absent alleged fraud, because
                such matters of subjective judgment are reserved
                to contracting agencies.
            2.  Unsuccessful bidder contends that lo4' bidder does
                not have experience reqi-~red by solicitation
                in manufabtu'e of certain.rectifiers for extra-
                heavy tapitd'rlnsit substation service. .GA'O
                finds no solicitation requir'ment that p.s  ective
                contractor dem'orastrate experience in manufacture
                of equiment  (1) to be supplipd under contract or
                (2),meet literal terms of NEMA RI-9 standrd,
                Accordingly, GAOIdeclines to review grantee's
                affirmative responsibility determination based on
                its subjective evaluation of evidence submitted by
                awardee.
                  The United Stes   District Cou'rt for the District
            of Mas!ich'usetts hai reqested our opinion in ;cnnec-
            tion with ivil  atio   No6. 78-574-T, entit1dd GoUld,
            inc . and.  i;ElectriciCo.,  LTD. v. Ms&qacCisetts
            Ba  Trahsportation -AtthorJity and n1bert Kiley. Prior
            to filing that',action, Gouldv..,Inc.,' and Fuji Electric
            Co., LT i (Go'ld), requested that our Office review
            the proposed 1'ward ofga contract by 'the Massachusetts
            Bay Transportation Authority (MBTA) with the approval
            of the' Urban Mass Transportation Administration,








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