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B-191739 1 (1978-08-31)

handle is hein.gao/gaobadgjn0001 and id is 1 raw text is: k I 1% -1 DECISION %13. * F ci 'I-. zi) THE COMPTROLLER GENERAL CF HeuNVru o ITS STATES WASHINGTON, 0,0. 20546 FILi; B-191739 DATE; August 31, 1978 MATTER OF; CSA Reporting Corporation DIG 1356TO q 1. Absent either question of compliance with definitive responsibility criteria or allegition of fraud, affirmative responsibility deterination is not for review by GAO. 2. Award to contractor who subsequently failed to furnish performance bond will not be questioned. However, recommendation ;s made that in future, formance bond requirements be strictly enforced protect Government in event of default. per- to CSA Reporting Corporation (CSA) protests the award by the Interstate Commerce Cormission (ICC) of a con- tract under Invitation for Bids (IFB) Not ICC-77-a-0012 for stcpographic reporting and transcription services, to Metropolitan Reporting Services (Metropolitan). The protester argues that Metropolitan's failure to furnish a performance bond within 10 days of the award as wan- dated by paragraph 3.6 of the IFB, should have resulted in the terminatton of that firm's contract and an award to CSA, the next lowest bidder. CSA further contends that the cotracting officer's responsibility determina- tion was eitheNr nonexistent, as there was no preaward survoy conducted, or not made in accordance with the contract since factors extant at the time of the award and immediately thereafter clearly evidenced Metropolitan's inability to perform. Moreover, it is the protester's position that, had the contracting officer required sub- mission of the performance bond as per the contract, he would have become aware of Metropolitan's poor financial condition and inability to perform. In this regard, the protester notes that Metropolitan's contract was ulti- mately terminated for default. -I w

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