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B-205593.3 1 (1982-03-01)

handle is hein.gao/gaobadkch0001 and id is 1 raw text is: ) THE COMPTROLLER GWNIM-RAL DECISION .OF THE UNITED BTATES WAS HINGTON, 0, C , C20548 FILE: B-205593,3 DATE: Narch 1, 1982 MATTER OF: Environmental Laboratory of! Fayetteville, Inc. -Recons ideration DIGEST: Prior decision is affirmed because the protester has not shown any errors of law or fact in the decision's dismispial of its protest agAinst the contracting I officer's affirmative determination of the low bidder's responsibility. Enviro6nmental Laburatory of Fayetteville, Inc, (Environmental), requests reconsideration of our decision in the matter of EnVironmett4l Laboratory bf Fayetteville,' Inc.--Reconsideration, B-205593*2, January 13, 1982, 82-T CPD -, which affirmed our decision in the matter of * Tnvironmental Laboratory of Fayetteville, Inc., B-205593, becember 7, 1981, 81-2 CPD 445. The December 7, 1981, decision dismisied Environ- mental's protest against the procuring agejicy's affirua- tive determination of the low bidder's responsibility. The January 13, 1982, decision affirmed the December 7 1 decision, finding that (1)_the contracting .officer-did not.change the time of performance requirimnts stated in the IFB, (2) decisions cited by Environmental dealing ' I width negative responsibility determinationswere inappli- cable to the instant affirmative determinaEion of respon- sibility situation, (3) the awardee, Law and Company, Inc. (Law), could acquire new facilities after award, and (4) the contracting officer's signing of the con- tract constituted an affirmative determination of responiibility. Environmental disagrees with all findings. After considering Environmental's reasons for disagreement, we affirm the January 13, 1982, decision, Regarding the first filnding, Environmental bontends : that although the contract has not been expressly-modified., Environmental's employees have observed Law's employees picking up samples prior to the time of day set forth in * .the IFB. Environmental notes that, during the prior I.. ,0. ([: I -1* 1

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