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B-192049 1 (1978-07-18)

handle is hein.gao/gaobadgfj0001 and id is 1 raw text is: f METHE cC PTNOLLEM GENERAL CECIUICN t .z'.) .)OF THE UNITED *TATfsr WAUsmNGOCN D.C.. 2054 FILE: 5-192049 DATE: JU 18, 1978 MATTER OF: Harvard Interior Manufacturing Company DIEST: Allegations of inability of low bidder to perform contract because of failure to obtain preproduction sample approval and delivery problems on other contracts pertain to bid- der's renponsibility. Since GAO no longer reviews affirmative determinations of respcn- sibility, absent exceptions not alleged here, protest is dismissed. The Harvard Interior Manufacturing Company (Harvard) protests the impending award of a contract to the Baker Manufacturing Company (Baker) under solicit.tion No. FEHP- P-2-5038-A-19-78 issued by the Federal Supply Service, General Services Administration. Harvard contends that Baker is nonresponsible because of Baker's alleged Zailure to obtain approval of preproduction samples of the line of furniture being purchased under an existiria. cbntract which Baker obtained through a novation and suggests that Baker is experiencing delivery difficulties under other Government contra Harvard contends that it is not in the Government's interest to award the contract to Baker and that the contract should be awarded to Harvard as the second low bidder. duestions conceribig a bidder's capability of per- forming a contract pertain to the bidder's responsibility. ThirOffice no longer reviews affirmative determinations of cesponsibility unless fraud is alleged on the part of pr'curing officials or the, solici.tation contains definitive responsibility criteria which allegedly have not been applied. Central Metal Productsr Inc., 54 Comp. Gen. 66 (1974), 74-2 CPD 64; Aetna Ambulance Service, Inc.; G&L Ambulance Service, B-190187, March 31, 1978, 78-1 CPD 258. Neither exception has been alleged here. Accordingly, the protest dismissed. au G. Demlb . ng General Counsel .T

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