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B-187087 1 (1976-09-20)

handle is hein.gao/gaobadiyc0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL D ECISION OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-187087 DATE: September 20, 1976 MATTER OF: Connelly Containers, Inc. DIGEST: Protests against affirmative determinations of responsibility are no longer subject to review except in cases of fraud or misapplication of definitive responsibility criteria set forth in solicitation. Connelly Containers, Inc., protests any award to Owens-Illinois, Inc., Forest Products Division, of a contract for triple-wall, F corrugated, fiberboard boxes under invitation for bids No. CHN- FT-76-074, issued by the Federal Supply Service, General Services Administration, Chicago. The protester states that Owens-Illinois will not be able to perform in accordance with the invitation specifications and, consequently, that the firm should not be con- sidered for contract award, We are advised that the contracting officer has found Owens- Illinois to be a responsible bidder, partly because that firm has stated that it can meet the specifications without deviation and that it realizes a failure to do so will result in a termination of the contract for default. Accordingly, award to Owens-Illinois is proposed. Our Office has discontinued the practice of reviewing bid pro- tests involving a contracting officer's affirmative determination of the responsibility of a bidder except in cases involving actions by procurement officials which are tantamount to fraud, or where the solicitation contains definitive responsibility criteria which allegedly have not been applied. Central Metal Products, Inc., 54 Comp. Gen. 66 (1974), 74-2 CPD 64; Caltex Engineering Co., B-186525, June 2, 1976, 76-1 CPD 355. Neither of these two excep- tions have been alleged or demonstrated. Accordingly, the protest is not for consideration. Paul G. Dembling General C6unsel

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