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B-205593 1 (1981-12-07)

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DECISION


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TEl C1 MPTPOLLEUII
OF THE UNIT-II'


WAU9 HI NOTON, DC. 20548


B-305593


DATE:


December 7, 1981


MATTER OF:


Environmental Laboratory of Fayprteville,
lnc.


DIGEST;


         GAO does not review,'affirmative determfinat',ions
         of repponsibility iin the absence of a showing
         of fraud or allegations that definitive
         responsibility critevia in the solicitation
         werei m4,spplied.

         Environmental Laboratory of Fayetteville, Inc.,
    protests the award of a contract to Law and Com'pany
    (Law) under invitation for bids (IFB) IUo. DAMF40-81-
    B-0207 issued by the Army for water and wartewater
    monitoring and analyzing services at Fort Bragg-,
    North Carolina.

         The protester contends that Law cannot perform
    the work within the time specified in the IFB because
    Law's laboratory is not closu enough to Fort Bragg
    and time is not available fot Law to establish a new
    laboratory closer to Fort Bragg.

        The Army contracting officer detarmined that Law,
    the low bidder, has the capabiLity to perform the work
    within the time apucified in the IFB and, thus, Law
    was deemed to be responsible. The contracting officer
    notes that the IFB did not require that the successful
    bidder have a labovatory within a certain distance from
    Fort Bragg. The contracting officer also nctes that
    Law has performed satisfactorily on past Government
    contracts.

        The protest relates to Law's responsibility or
   capability to perform as specified in the cohtract.
   This Office does not review protosts of affirmattive
   determinations of responsibility unless fraUd an the
   part of procuring officials is alleged or the solici-
   tation contains definitive responsibility criteria







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