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B-208744.2 1 (1983-07-14)

handle is hein.gao/gaobadlfe0001 and id is 1 raw text is: 


                         THE COMPTROLLER GENERAL
 DECISION                OP THU UNITED        STATES
                         WASHINGTON, O.C. 20548



FILE:   B-208744.2             DATE: July 14, 1983

MATTER OF:     S.A.F.E. Export Corporation--Request for
                 Reconsideration

DIGEST:


     Prior decision is affirmed where request for
     reconsideration does not raise any new facts
     or legal arguments which show that prior
     decision was erroneous.


     S.A.F.E. Export Corporation requests reconsideration
of our decision, S.A.F.E. Export Corporation, B-208744,
April 22, 1983, 83-1 CPD 437. In that decision, we denied
S.A.F.E.'s protest of the contracting officer's determina-
tion that S.A.F.E. was nonresponsible and the resulting
rejection of its quotation for an intrusion detection
system and its installation in General's quarters, Verona,
Italy.,

     In the decision we upheld the contracting officer's
nonresponsibility determination which was based on data
supplied by another procurement activity. This data showed
that S.A.F.E. had significant problems performing prior
contracts, that it had suffered four default terminations
and that it had been determined nonresponsible on several
prior occasions because of its poor performance record and
apparent lack of facilities.

     S.A.F.E. disputes our conclusion that this data was
sufficient to support the contracting officer's determi-
nation. S.A.F.E. argues that terminations for default
alone are not necessarily a basis for rejecting a firm as
nonresponsible and that the contracting officer improperly
relied on negative information from a distant contracting
activity while ignoring more positive data available from
nearby contracting activities.

     We agree that prior default terminations do not
necessarily require rejection of a firm as nonresponsi-
ble. Our decision, however, was not based on that prem-
ise. We merely stated that a. termination for default

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