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B-192769 1 (1978-11-13)

handle is hein.gao/gaobadgpk0001 and id is 1 raw text is: 







DECISION .               0 CF
                '    9   W A


FILE:


m COMPTROLLER
THE UNITED


BHINGTON, D. C. 20O545


DATE:


B-192769


MATTER  OF:


Novunber 13, 1978


J. P. Mascaro & Sons Inc.


DIGEST:


             Alle jation that bidder lacks
             integrity is not reviewable by
             GAO except in circumstances not
             prese:'t here since integrity is
             matter of responsibility to be
             dm'termined by contracting officer.


     Jt P. Mascaro & Sons Inc. (Mascaro),protests
againstthe  award of a contradt to anbther bidder
under solicitation No. N62472-78-B-4618 Issued by
the, Departmentbf the Navy.  Mascaro argues that
Tri-County Hadling, Inc., (Tri-Codhty), the second
low bidder oh this solicitation and a big business
as determine& by the Sptall1Business Administration
lacks integrity.  Tri-County previously filed a pro-
test with th'd contracting officer against Mascaro on
the grounds that the company is nonresponsible and
apparently Mascaro was ultimately denied a certifieate
of competency by the SBA.

    .The bidderts in't rity is a question of responsibility
primarily'for deter&:biation by the procuring agency prior
to the award of the contract.. 48 Comp. Gen. 769  (1969).
With certain exceptions not app1icablehfiri, 'our office no
longer reviews bid prolests cohcer:irig eternS ations of
responsibility.j Con-Chbh Ehthrprises, B-187795, October 12,
1977, 77-2 CPD.284.  .Nicole% Technology.Corp., B-192895,
September,28, 1978, 78-2 CPD.244.  Therefore, the contention
by the protester that Tri-County lacks integrity is not a
matter for our resolution.


the protest is dismissed.



  Milton J. _ocolar
  General Counsel







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