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B-200422 1 (1980-10-08)

handle is hein.gao/gaobadjbp0001 and id is 1 raw text is: DECISION FILE: B-200422 MATTER OF: A. THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 205418 OATE: October 8, 1980 ico Tool and Manufacturing, Inc. DIGEST: 1. GAO does not review protests of affirma- tive determinations of responsibility except where fraud by procuring officials is alleged, or where it is argued that definitive responsibility criterion set forth in solicitation was not applied. 2. There is no legal basis to preclude or disturb contract award merely because bidder submits below-cost bid. 3. GAO does not consider whether bidder is manufacturer or regular dealer under Walsh-Healey Act since by law that is for determination by contracting agency, sub- ject to review Dy Sm~all Business Admin- istration when small business is involved and by Secretary of Labor. Alco Tool and tanufacturing Co. (Alco) protests any ,5 award of a contract to Age, Inc. under solicitation No.t- F41800-80-B-0027 issued by the Department of the Air Force. Alco contends that Age does not have the financial resources, facilities, or equipment necessary to per- form the contract, and that Age does not have any prior experience against which to measure its integrity or ability to perform. Alco further contends that Age cannot Qerform at its bid price and that it does not qualify as a manufacturer or regular dealer under the Walsh-Healey Act, 41 U.S.C. § 35 et seq. (1976). JNQt.LIr'~r gci~Z ~b L4t~