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B-281127 1 (1998-12-29)

handle is hein.gao/gaocrptahya0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Pacific Photocopy and Research Services

             File:       B-281127

             Date:        December 29, 1998

             Bernard Dane Stein, Esq., for the protester.
             Linda R. Horowitz, Esq., Administrative Office of the U. S. Courts, for the agency.
             Katherine I. Riback, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Protest against nonresponsibility determination is denied where the determination
             was reasonably based upon the contracting officer's conclusion that the protester's
             recent contract performance on similar work was inadequate because of
             consistently high volume of unresolved customer complaints, notwithstanding
             protester's disagreement with the agency's interpretation of the underlying facts.

             Pacific Photocopy and Research Services protests the determination by the
             Administrative Office of the U. S. Courts that Pacific is nonresponsible, under an
             unnumbered invitation for bid (IFB) for a licensing agreement to provide copy
             center services for the U. S. Bankruptcy Court for the Southern District of Florida.
             Pacific asserts that the nonresponsibility determination lacked a reasonable basis
             and was made in bad faith.

             We deny the protest.

             BACKGROUND

             A predecessor IFB was issued on March 2, 1998, seeking bids to provide both
             off-site and on-site vendor operated copy centers to furnish copying and related
             services for the provision of court documents to the public for the divisional offices
             of the U. S. Bankruptcy Court in the Southern District of Florida (FLSBC) located in
             Fort Lauderdale, West Palm Beach and Miami. Section H.2 of the IFB entitled
             Conduct provided that: Vendors will be providing services to the public and all
             conduct by Vendors may affect the public's opinion of the Court. Therefore,
             Vendors are expected to provide timely, courteous service to the public, and
             conduct business in a fashion befitting the Court at all times.

             The IFB instructed vendors to provide along with their bids a list of three private
             references, as well as all courts for which the vendor had previously provided

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