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B-203790 1 (1981-12-03)

handle is hein.gao/gaobadrnl0001 and id is 1 raw text is: Q ' THE COMPTROLLER GENERAL nECISION OF THE UNITED STATES W A S H I N GTO N, 0 C. 20 5 4 6 FILE: DATE: December 3, 1981 B-203790 MATTER OF: Quality Diesel Engines, Inc. DIGEST: 1. Where a solicitation contains only a general requirement that the contractor comply with applicable laws and does not indicate that a specific state or local business license is required, the contracting officer may place the responsibility for determining compliance upon the prospective contractor. In such cir- cumstances, the contracting officer's affirma- tive determination of responsibility, either explicit or implicit, will not be questioned by GAO even though the contractor may not have held all locally-required business licenses at time of award, absent a showing of fraud on the part of the procuring officials. 2. Whether contract is being performed in compliance with contract requirements is matter -of contract administration and not for resolution under GAO Bid Protest Procedures. 3. Award is not objectionable merely because quoters were advised orally, instead of through written amendment, of revision to specifications, since all parties including protester were aware of change and therefore were not prejudiced by failure of agency to issue written amendment. Quality Diesel Engines, Inc. (Quality) protests the award of a contract to Charlie Lamb & Sons (Lamb) under National Oceanic and Atmospheric Administration (NOAA) request for quotations No. NASO-1916, and Lamb's sub- sequent performance under that contract. The NOAA Northwest Administrative Service Office, Seattle, Washington, issued this request for quotations on May 14, 1981 for the testing and repair of four diesel engine generator sets. These sets had been removed from a II

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