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B-213488 1 (1983-12-23)

handle is hein.gao/gaobadlmb0001 and id is 1 raw text is: THE COMPTROLLER OENERAL DECISION .OP THE UNITEO STATES WASHINGTON. O.C. 20548 FILE: B-213877 DATE: December 22, 1983 MATTER OF: Lake Shore, Inc. DIGEST: GAO will not review affirmative responsibil- ity determination except in limited circum- stances not present here. Lake Shore, Inc. protests the proposed award of a con- tract for a quantity of winches to Smatco, Inc. under Department of the Navy invitation for bids (IFB) No. N00024- 83-B-4436. Lake Shore contends that Smatco has financial and quality control problems which should disqualify it from receiving the award. We dismiss the protest. Whether Smatco's financial position and quality control procedures are sufficient concerns Smatco's responsibility as a prospective contractor, that is, its ability to satis- factorily perform the contract. A responsibility determina- tion must be made by the contracting officer prior to award. Defense Acquisition Regulation S 2-407.2. Although it is not clear whether such a determination yet has been made here, our Office will not review a protest of an affirmative rejponsibility determination, which is largely a business judgment, unless there is a showing of possible fraud or bad faith or the solicitation contains definitive responsibility criteria which allegedly have not been applied. 4 C.F.R. S 21.3 (1983) as amended by 48 Fed. Reg. 1932, January 17, 1983; Bradford Dyeing Association, Inc., B-202241, March 6, 1981, 81-1 CPD 182. Neither exception applies here. The protest is dismissed. Harry R. Van Cleve Acting General Counsel

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