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B-271750 1 (1996-07-24)

handle is hein.gao/gaocrptaeft0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: M&M Welding & Fabricators, Inc. File: B-271750 Date: July 24, 1996 Richard L. Moorhouse, Esq., Holland & Knight, for the protester. William L. Ensign, Acting Architect of the Capitol, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Solicitation provision requiring bidders to be regularly engaged in the installation and service of coal/gas-fired boilers does not constitute a definitive responsibility criterion--since it does not set out a specific, objective standard for determining a bidder's capability to perform--but is a component of the contracting officer's affirmative determination of responsibility, and thus not for consideration by General Accounting Office. 2. Protest that agency unreasonably determined that the awardee satisfied a definitive responsibility criterion is denied where the record supports the agency's determination that the bidder exhibited a level of achievement either equal to or in excess of the specific criterion. DECISION M&M Welding & Fabricators, Inc. protests the award of a contract to American Combustion Industries, Inc. (ACI) under invitation for bids (IFB) No. 9639, issued by the Architect of the Capitol for the retubing of one or more coal/gas-fired boilers in the United States Capitol Power Plant, Washington, D.C. M&M argues that the agency unreasonably determined that ACI satisfied the solicitation's definitive responsibility criteria. We deny the protest. The boilers contain numerous water pipes which, over time, corrode, weaken, and leak. The successful contractor here is required to investigate and determine the exact quantity of tubes required to completely retube the boiler; remove the existing tubes and replace them with new tubes; and perform various associated tasks. The solicitation includes the following paragraph under the heading, Qualification of Bidders: 119724

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