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B-190916 1 (1978-06-22)

handle is hein.gao/gaobadgds0001 and id is 1 raw text is: , THE CDMPTOi.LEN SENURAl. DECISION .(r . OF THE UNITED STATUS WAUMINeTON. 3. C. aca48 FILE' 5-190916 DATE: June 22, 1978 MATTER OF: contra Costs Liectric, Inc. - Reconsideratio: DIGEST; Where it is clear that contract provision that-contractor shall perform 20 percent of work with own organization is not defini- tive responsibility c-iterion, GAO is not required to decide what result would be if it was. Contra Costa Electric, Inc. (Contca Costa), has requested reconsideration of our decision in Contra Costa Electr.ic,.Inc., B-190916, April 5, 1978, 78-1 CPD 268, in which we denied in part and dismissed in part its protest under invitation for bids (IFB) No. N62474-76-B-7162, issued by the Naval Facilities Engineering Command. ,specifically, Contra Costa questioned the respon- siveness of the low bidG6r's (The Geggatt Company) bid and the low bidder',sybility to perform, with its on organization, 20 percent of the work to be erform d under 'the proposed contract. In our decision, ..we tidund that The Geggatt Coopany's bid was responsive 'and denied this portion of Contra Costa's protest. With resp.ct to the responsibility issue, we held that, since the con- tract requirement that the contractor shall perform 20 percent of the work with its own organization was not a definitive responsibility criterion, the issue did not come within any exceptionof our policy not to review protests against aftirmative determinations of responsi- bility. Consequently, we dismissed this aspect of Contra Costa's protest. * Contra Costa requested'recor\sideration on the b;.sis that we have reviewed the application of performance standards even where they have not been definitive respon- sibility criteria. Contra Costa has cited decisions (Commercial Envelope Manufacturing Company, Inc,, B-186042, I f

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