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B-197176 1 (1980-01-11)

handle is hein.gao/gaobadhwp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. O.C. 20548 B-197176 DATE: January 11, 1980 MATTER OF: Alexandria Packaging, Inc. DIGEST: Protest based on contention hat low bidder is not qualified to perform contract involves agency's affirmative determination bidder responsibility. This matter is not reviewed by GAO except in certain instances not indi- cated here and, therefore, protest is dis- missed. Alexandria Packaging, Inc. protests the award of a contract to the lowest bidder, Allied Container, under solicitation No. S.T. 867000501, issued by the Depart- ment of State. The protester alleges that Allied Container is not qualified and does not have the equipment needed to per- form the work called for by the contract. These allegations involve the question of Allied's responsibility. We do not review protests of affirmative determinations of.responsibility which are based largely on judgments upon the discretion of the procuring officials who will endure the consequences of a contractor's inabil- ity to perform, unless fraud is alleged on the part of the contracting officer or the solicitation contains definitive responsibility criteria which allegedly have not been war- ranted. See Central Metal Products, Inc., 54 Comp. Gen. 66 (1974), 74-2 CPD 64; Data Test Corporation, 54 Comp. Gen. 499 (1974), 74-2 365, affirmed 54 Comp. Gen. 715 (1975), 75-1 CPD 138. Here, there is no allegation that the responsibility determination was the result of fraud or that definitive criteria have not been applied. Therefore, this protest is dismissed. Milton J. S6colar General Counsel I4 FILE: 4 A ql