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B-207335.2 1 (1983-06-27)

handle is hein.gao/gaobadldv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECIION •OF THU UNITEO STATES WASHINGTON. O.C. 20545 FILE: B-207335.2 DATE: june 27, 1983 MATTER OF: ALB Industries, Incorporated--Request for Reconsideration DIGEST: 1. GAO affirms, upon reconsideration, its prior decision in which it concluded that agency did not act arbitrarily in suspending firm on the basis that it was affiliated with another previously-suspended firm, because even after considering new evidence pre- sented by protester most of the facts upon which the agency based its determination of affiliation remain undisputed. 2. Statement by one Government witness at suspension hearing that he believed two companies whose respective presidents were husband and wife were affiliated because there could not be a separation of decision making between two companies, in two people who are husband and wife is insufficient to show that suspension of wife's company was motivated by sex discrimination. ALB Industries, Incorporated requests reconsideration of our decision in ALB Industries, Incorporated, 61 Comp. Gen. 553 (1982), 82-2 CPD 119, in which we found that the National Aeronautics and Space Administration (NASA) had a reasonable basis for suspending ALB from contracting with it because of the firm's affiliation with New World Construction Company, a previously-suspended firm. ALB was the apparent low bidder in response to invita- tion for bids 10-0067-2, issued by NASA for modifications to a platform and the vehicle assembly building at Kennedy Space Center (KSC), Florida. Howevar, following a preaward survey of ALB, NASA determined that the firm was affiliated with New World and since NASA had previously suspended New World and individuals involved with that firm, including Arthur L. Botchen, Jr., it also suspended ALB from con- tracting with the agency. NASA regulations provide D0O

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