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B-199578.2 1 (1980-11-07)

handle is hein.gao/gaobadjbq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .( 2:T¢.)OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-199578.2 DATE: November 7, 1980 MATTER OF: C. Engel's/Sons, Itc.- ReconsideratiojJ DIGEST: 1. Untimely allegation that certain District of Columbia regulations governing minority business procurements were not authorized by law under which they were promulgated does not raise significant issue since recent change in law clearly authorizes contested regulations so that issue should not arise in fu'ture procurement and thus it does not involve principle of widespread interest. 2. Allegations that firm does not have adequate facilities to perform contract concern affirm- ative responsibility deter-mination and are not for GAO review absent showing of fraud on part of procuring officials. 3. Protester's contention that it was approached by minority firm, the eventual awardee, under procurement reserved for such firms to engage in front scheme and that it was informed by minority firm that contracting officials assured that firm it would get award does not establish prima facie case of fraud on part of contracting officials because pro- tester seems mainly concerned with fraud on part of contractor, allegations concerning contracting official are heresay and award was to be made on competitive basis to cert- ified minority firm submitting lowest bid. 4. Allegation, first raised in request for recon- sideration, that definitive responsibility criteria were not followed, will not be con- sidered since under circumstances, including fact that original term of contract has expired, no useful purpose would be served thereby.

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