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B-200847.3 1 (1981-08-28)

handle is hein.gao/gaobadjrq0001 and id is 1 raw text is: ~ -~THE COMPTROLLER GENERAL DECISION ' iYA* OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: BD200847 DATE: August 28, 1981 MATTER OF: Jack Roach Cadillac -- Request for Reconsideration DIGEST: Prior decision is affirmed where record on reconsideration does not show that prior decision was based on error of law or fact. Jack Roach Cadillac requests reconsideration of our decision in Bob McDorman Chevrolet, Inc. and Jack Roach Cadillac, B-200846, B-200847, B-200847.2, B-200848, March 13, 1981, 81-1 CPD 194, in which we dismissed its protest against the award of two contracts to Metro Automotive Parts by the Defense Logistics Agency (DLA). Jack Roach Cadillac and Bob McDorman are fran- chised Chevrolet parts dealers, while Metro is not. Both protesters argued in connection with our initial decision that the solicitation (which was not ex- pressly limited to franchised Chevrolet parts dealers) could not be prorerly performed by a firm which does not hold such a franchise. We dismissed the argument because our Office does not review protests against affirmative determinations of responsibility unless the protester shows either that the solicitation con- tained a definitive responsibility criterion which was not applied or that procuring officials may have Icommitted fraud. We also dismissed contentions by Jack Roach Cadillac relating to Metro's status as a regular dealer for purposes of the Walsh-Healey Act. In requesting reconsideration, Jack Roach Cadillac asserts that the invitation's tight delivery schedule should have been treated as a definitive criterion of responsibility. Further, tha firm says that this Office should find that the contracting officer failed to comply with internal Department of Defense and Army practices and procedures regarding preaward surveys. Jack Roach Cadillac suggests that this

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