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B-206301.2 1 (1982-04-01)

handle is hein.gao/gaobadkeq0001 and id is 1 raw text is: THE COMPTROLLER (DINERAL ECISION ,ito THE UNITED STATUE p WASHINGTON, 0.C0. 2054EI FILE;: -206301.2 DATE: April 1, 1982 MVATTER OF: Voyager Emblems, Inc. -- Reconsideration DIGEST: I GAO will not review a contracting officer's affirmative determination of a small busi- ness firm' s responsibility, nothwithstanding that the Small Business Administration will not consider the matter (since that agency only reviews negative responsibility deter- minations), unless fraud is shown or defini- tive responsibility criteria allegedly were I not applied. 0 Voyager Emblems, Inc. requests that we reconsider our decision Voyager Emblertis, Inc., B-206301, February 10, 1982, 82-1 CPD i27,7in which we dismissed the firm's pro- [ test against the award of a contract for shoulder insignia to Daal Trimming arid Emblem Co. under Defense Logistics Agency solicitation No. ZOO-81-B-1484. We affirm our decision i Voyager had questioned Peal's financial ability toI perform the contract, aL well as Daal's status as a I regular dealer under the terms of the Walsh-Healey Act, 41 U.S.C. §§ 35-45 (1976). We dismissed the protest about Daal's financial ability because it involved the affirmative determination of the firm's responsibility, which we do not review absent an allegation of fraud on the p t of procuring officials or the failure to apply definitive responsibility criteria listed in the'solic- itation, and neither exception applied. We dismissed the protest relating to Daal's status as a regular dealer or manufacturer since that is a matter to be determined by the contracting agency in the first instance, subject to review by the Small Business Administration (SBA) if a 6,,, ii business is involved, and the Secretary of j Labor.

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