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DOCUMENT UISURE
02395 - [A1592568]
[Determination of Nooresponsibility Due to Lack of renacity and
Perseverance. 8-187080. May 31, 1977. 8 pp.
Decision re: Boiler Services; by Robert F. Keller, Deputy
Comptroller General.
Isuue Area: Federal Procurement of Goods and services .1900).
Contact: Office of the General Counsel: Procurement Law II.
Budget Function: General Government: Other General Government
(806).
Organization Concerned: Department of the Air force:
Rickenbacker AFU, OH; Lieb Jackson, Inc.
Authority: A.S.P.H. 1-703.4(c)(iv) . N.S.P.B. 1-905 et seq.
A.S.P.. 1-902. A.S.P.a. 2-408.1. 4 C.F.R. 20.2(L)(1).
B-179723 (1974). B-181751 (1974). Keco Industries, Inc. v.
United States, 492 T. 2d 1200 (Ct. C1. 1974). McCarty Corp.
v. United States, 499 P. 2d 633 (Ct. Cl. 1974).
The protester challenged the award of a contract by the
Air Force an numerous grounds. The finding that the low bidder
was nonresponsible for lack of tenacity and perseverance was not
unreasonable. There is no requirement that proaward notice of
bid rejection be given. Objection to the use of at &ilegedly
restrictive specification was untimely Auce this protest was
made aftec bid openinig. The record contained no basis for the
award of bid preparation costs since it had not been establishel
that the agency acted arbitrarily or with a lack of good faith
when considering the protester's aid. (Author/SC)
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