Protest Regarding Low Bidder's Responsibility
Highlights
The protester objected to the agency's determination that the low bidder was a responsible offeror. The protest was considered since it alleged a failure to apply a specific and objective responsibility criterion to the bidder. Since the bidder never successfully passed a production demonstration required by the solicitation to establish technical ability to perform in a responsible manner, there was no reasonable basis upon which the contracting officer could find the bidder responsible. The solicitation should be canceled and the requirement resolicited since the low bidder did not comply with the responsibility criterion and since the only other bidder's price was almost $8 million higher than that of the low bidder. The determination that the low bidder was responsible showed that the specific and objective criterion was unnecessary.