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B-270962 1 (1996-05-01)

handle is hein.gao/gaocrptaebu0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Carter Chevrolet Agency, Inc.

File:        B-270962; B-270962.2

Date:        May 1, 1996

Robert H. Koehler, Esq., and Lynn T. Burleson, Esq., Patton Boggs, L.L.P., for the
protester.
Seth Binstock, Esq., General Services Administration, for the agency.
Behn Miller, Esq., and Christine S. Melody, Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that agency improperly determined that awardee satisfied a definitive
responsibility criterion requiring it to provide letter of commitment from automobile
manufacturer is denied where the agency reasonably determined that letter of
commitment constituted evidence of manufacturer's agreement to provide required
vehicles in accordance with the requirements of the solicitation.

2. Protest that agency improperly allowed awardee to demonstrate compliance with
definitive responsibility criterion after time set for submission of best and final
offers is denied since evidence of compliance with matters of responsibility--such as
definitive responsibility criteria--may be provided any time up to actual award.

3. General Accounting Office will not consider challenges to contracting officer's
affirmative determination of awardee's responsibility absent evidence of bad faith;
protester's contention that contracting officer improperly failed to further
investigate awardee's responsibility based on protester's unsubstantiated allegations
of impropriety by awardee does not meet this standard.
DECISION

Carter Chevrolet Agency, Inc. protests the award of a contract to McCombs Fleet
Services, Inc. under request for proposals (RFP) No. FCAP-X2-FLT96-N, issued by
the General Services Administration (GSA) to obtain commercially available two-
wheel drive and four-wheel drive light trucks and similar passenger vehicles.
Carter contends that the agency improperly waived a definitive responsibility
criterion for the awardee, and that the contracting officer otherwise improperly
determined McCombs to be a responsible contractor.

We deny the protest.


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