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B-209859.2,B-209860.2 1 (1983-07-29)

handle is hein.gao/gaobadlfu0001 and id is 1 raw text is: TU COMPTROLLER GENERAL OECIION .. OP THE UNITED 8TATEN WASHINGTON. 0.C. 20548 FILE: B-209859.2, B-209860.2 DATE: July 29, 1983 MATTER OF: Wallace & Wallace, Inc.; Wallace & Wallace Fuel Oil, Inc.--Recon- DIGEST: sideration 1. Where the Small Business Administration (SBA) informally advises protesters, small business firms, that the agency's adverse responsibility determinations were not for review under SBA's Certificate of Competency (COC) procedures because the protesters' product was of foreign origin, rule that small business firms must pursue questions of responsibility under COC procedures is not for application and the protesters' challenge to the nonresponsibility determi- nation will be considered by GAO. 2. Contracting officer's determination that a bidder is not financially responsible may include consideration of the bidder's voluntary filing for bankruptcy; cutstanding claims of other agencies against the bidder; and the bidder's inability or unwillingness to fully disclose information relating to performance, particularly its corporate organization and contractual relationships. Further, in determining the financial responsibility of an affiliate of the bank- rupt bidder, the contracting officer may consider possible liability for the bankrupt bidder's debts. 3. The contracting officer may permit a repre- sentative of the Department of Justice to participate in discussions with a bidder concerning its financial resources and capabilities, even though Justice's interest is adverse to bidder. Wallace & Wallace, Inc. and Wallace & Wallace Fuel Oil, Inc. request reconsideration of our decision

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