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B-190520 1 (1977-11-22)

handle is hein.gao/gaobadfka0001 and id is 1 raw text is: D4iBIlg 4 .0L . 0P. jeutavenmr2v f)Ajt THE COMPTROLLER4 GENEA DISCI310Y - FlTHE UNITEC ETAes WA8HItGiTON. C.. C. 2054 FILE: 13-190520 DATE: Nsvember 22, 1977 MATrER OP: Autc-skate Company DIGEST: GAO will not review protest which in essence involves agency's affirmative determination of awardee's res- ponsibility. Moreover, protest is untimely. Auto-Skate Company (Auto-Skate) has p'otosted an award made to E. R. Mueller Tool & Manufacturing Compny (Mueller) under General. Services Administration (GSA) Solicitation No. 7PR-W- 51606-3Z-7AV. Auto-Skate alleges that Mueller bid on the referenced solicitation using Auto-Skate's die and material located at Mueller's plant w-thout Auto-Skate's permission and that Mueller, th-refore, is not a capable and responsible contractor. liessence Auto-Skate is protesting GSA's affirmative determination of Mieller's respoiisibility. Our Office will consider a protest aoncerning a deteriniation of nonresponsibil'ity in order to provide assurance to the protester against the arbitrary r'ejection of its bid. As a generalrule, however, we do not consider protests concerning determinations that particular prospective contractors are respon- sible. Affirmative determinations cf responsibility are largely a matter of subjective judgment within the sound discretion of con- traciing agency officials, who must bear the brunt of any difficulties experienced by reason of a c6ntr dtor's inability tc perform, We will review such determinations only in certain limited circumstances-- if there is a showing of fraud by the agency, or where it ts alleged that definitive responsibility criteria set forth in the solicitation were not properly applied by the agency. Since no showing of fraud or alleged misapplication of definitive responsibility criteria is involved in the present case, the protester's nbjection to the affirmat've determination of responsibility will not be considered. -1- P

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