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B-200237.2 1 (1980-12-04)

handle is hein.gao/gaobadisw0001 and id is 1 raw text is: THE COIPTROLLER GENERAL DECISION .) OF THE UNITED STATES WASHINGTON. D. C. 20548 E: (DATE: December 4, 1980 f B-200237.2 MATTER OF: Reflectone, Inc. DIGEST: Prior decision dismissing protest of sub- contract award is affirmed where evidence submitted in support of request for recon- sideration -- a statement that agency, prior to approving subcontract, will examine prime contractor's methods for selecting subcon- tractor -- does not establish active agency participation in selection of subcontractor so as to invoke GAO bid protest jurisdiction. Reflectone, Inc. requests reconsideration of our decision B-200237, November 6, 1980, 80-2 CPD , a matter involving a subcontract award by IBM, a prime contractor to the Department of the Navy. We dismissed Reflectone's protest because it did not fall within any of the limited criteria under which GAO will consider subcontractor protests. The request for reconsideration is based on addi- tional evidence which we did not receive until after the decision had been signed. The additional evidence consists of an October 21, 1980 letter from the Com- mander of the Naval Air Systems Command to a Congress- man, in which it is stated that the methods employed by IBMl in selecting a subcontractor would be examined prior to Government approval of the subcontract award. We have consistently held that the Government's approval of a subcontract award is insufficient for invoking our bid protest jurisdiction; what is required is a showing that the Government in effect controlled the subcontractor selection or significantly limited sub- contractor sources. Optimum Systems, Inc., 54 Comp. Gen. 767 (1975), 75-1 CPD 166. We do not believe a _Z Z- --

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