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B-196383 1 (1979-10-26)

handle is hein.gao/gaobaduiq0001 and id is 1 raw text is: SDECISION K FILE: B-196383 MATTER OF: .[DIGEST-L- C-zim_ THE COMPTROLLER GENERAL OF TH.E UNITEM STATES WASHINGTON, D.C. 20548 3 DATE: -October 26, 1979 General Electric Company DIGEST: Protest which questions contractor's responsibility is dismissed as GAO does not review affirmative determi- nations of responsibility except under circumstances not applicableto case. The General Electric Company (GE) protests award of contract No. DAA09-79-C-2103 to the Fraser Volpe Company (FVC) by the Department of the Army. GE contends that the Army abused its discre- tion in awarding the contract to FVC because FVC was dependent for its own performance upon a subcontrac- tor which was in default of its own delivery obliga- tions to the same procuring activity under another contract. GE thus questions FVC's ability or capacity to perform the contract's requirements, i.e., FVC's responsibility. J. Baranello and Sons, 58 Comp. Gen. 509Y(1979), 79-1 CPD 322. This Office does not review affirmative determi- nations of responsibility unless fraud is alleged on the part of procuring officials or the solicitation contains definitive responsibility criteria which allegedly have not been applied. See Harvard Interior Manufacturing Company, B-192049,July 18, 1978, 78-2 CPD 46. There is no allegation of fraud in this case, nor is there any suggestion that the solicitation con- tained definitive responsibility criteria which have not been applied. Hence the-protest is not for con- sideration by this Office. Since it is clear from the protester's submis- sion that the protest is not for consideration, we will dismiss the matter without obtaining a report 'Pik

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