Allegations of Buy-In and Awardee's Inability To Perform Contract V. B-192604

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B-192604 1 (1978-09-08)

handle is hein.gao/gaobadgjw0001 and id is 1 raw text is:

'TME COMPTMCLLSU SENSUAL
DECISION aw T.E UNITED STATUS
*- WAS S-#NSODN. 0.0C. 00QB

PILE: 5-192604 DATE: september 8, 197e.
MATTER OF: Kurz-Kaschs Inc.

DIGEST:

1. A)legations of a Buy-In, which would result
in a loss contract, and awardee's inability
to perform contract provide no bases upon
which award may be challenged.
2. GAO does not review aflirmativo determina-
tions of responsibility absent circumstantes
not present here.
3. Burden is on protester to substantiate its
case. In carrying out protest decision
function, GAO will not conduct investigation
to establish whether protester's specula-
tive stataments are valid.

By letter to this Office dated August 9, 1978,
Kurz-Kasch, Inc. (Kurs), has protested the award of
a contract to Reynolds & Taylor, Inc. (Reynolds) under
invitation for bids (IF) DAAA09-78-B-6628 for M16/
16A1 Rifle Buttstock Assemblies issued by the U. S.
Army Armament Readiness Command (Army). Kurz, the
second low bidder, alleges that the Reynolds bid was
a 'Buy-In which could only result in a loss contract,
and further, that Reynolds was not equipped to produce
the product required.
The protester's initial submission raises issues
which we have determined to be not reviewable by this
Office. We have held that the possibility of a Buy-
In or the submission of a below cost bid is not a
proper basis upon which to challenge the validity of

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