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B-192589 1 (1978-08-24)

handle is hein.gao/gaobadgjd0001 and id is 1 raw text is: 





                                                 1R. IVertin L
                         THE COMPTROLLSM OUF'AARAL
      F.3CISON  :r..J    OP  THR   UNITED 8TATEB
                          WAGHINOoN, 0.C. 20540



FILE:    H-192589             DATE!  August 24, 1Or

MATTER  OF:     Bates and Associates, Inc.


DIGEST:

1.   Biddert' capability to comply with specifications
     La matter cf reaponsibility to be determined by the
     '2ontractlng officer and will not be reviewed by
     GAO axcept in circumstances not present here.

 2.  Contractcrs' future compliance with specifications
     involves matter of contract administration and is
     not for resolution under GAO bid protest function.

 3.  Where protester's initial submission indicates
     protest' is without merit, GAO will render decision
     cn matter without requesting report from procuring
     agency.

     Bates and Associates, Inc. protests two recent
 procurements conducted by tne Naval Air Station,
 Patuxent River, Maryland. Both solicitations; 'NC0421-
 78-8-0135 and N00421-78-Q-9088, called for furnish.ng
 metal storage buildings. The protester bielievei that
 the awardees could offer lower prices than the protest-
 er's only if they will not meet the specifications.
 The protestar requests that the award process be re.-
 viewed to insure full compliance with the specifica-
 tions.

     To the extent that this protest concerns the
 agency's pre-award determinations that proposed award-
 ees will jetform in full compliance with the specifi-
 cations, it involves a challenge to the affirmative
 determination of responsibility. This Office does not
 review protests of affirmative determinations of respon-
 sibility, eNcept ii circumstances noL relevant here.
 See Central Metal l.rriducts, Inc., 54 Comp. Gen, 66
 (1974), 74-2 CPD 64; Data Test Corporation, 54 Comp..
 Gen. 499 (1974), 74-2 CPD 365, affirmed 54 Comp. Gen.
 715 (1975), 75-1 CPD 138.


I

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