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B-206080.2 1 (1982-03-15)

handle is hein.gao/gaobadkdl0001 and id is 1 raw text is: ' : ll,-l.', THO COMPTROLLER GENORAI- DECISION IF TH UNIT=M STATES t .= . /, ~WASBH IN GTO0N , [3, C . 2 0 540 F1L~n..2~o~o.2 DTE: March 15, 1982 FILE:B_206080,2 DATE; o 1,18 MATTER OF: Aarid Van Lines, Inc*--Reconsideration DIGEST: Prior decision dismissing protest is affirmed where protester has failed to establish decision was based on error in fact or law. -Aarid Van Lines, Ince (Aarid), req(ests that we reconsider our decision in Aarild Van Line, Inc,, B-206080, February 4, 1982, 82-1 CPD, In that decisi n we dis- missed Aarid's protestof the award by the .Department of the Army of. acontract for transportation serviv.es to Vanguard Moving & Storage, Inc. (VangUard). barid pointed out that Vanguatd and Guardian Moving & Storage (Guardian),.another bidder for the contract, although distinct corporate entities, have the same business address and share comnoh officers and directors. Aarid suggested this information was evidence that the firms falsely certified in their bids that their bid prices were arrived at independently. We stated. that the purpose of a certification of independent pribing is to assure that bidders do not col- Nude to set prices or to restrictecompetition by Inducing others not to bid, which would co-stitute a crimihal offense, See Columbus-Marble Works, 1nc., B-193754, Auguiit 21,1979, 79-2 CPD 138.-Under prior decisions, we have held that evidence that two bidders have the same business address and common officers and directors does not establish nece-ssarily that they have conspired in * either respect. .See 51rCornp. Gen. 403, 405 (1972); Northwest Janitori-hT SerVice, B-203258, May 28, 1981, 81-1 CPD 420; Grimaldi-Plumbing & Heating Co., Inc., B-183642, May 20, 1975, 75-1 CPD 307. We also pointed out that it was within the juris- diction of theUAttorney General and the Federal courts to determine what constitutes a violation of a criminal statute, not the General Accounting Office. See Indus- trial Design Laboratories, Inc., B-19003., May--9, 1978, * '4.

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