Protest That Awardee Did Not Meet Definitive Experience and Facilities Requirements of Solicitation

The incumbent contractor advised the Internal Revenue Service (IRS) that it would file a protest if the contract was awarded to any other firm. IRS awarded the contract to the low bidder after a preaward survey. The protester then alleged that the low bidder did not meet the responsibility requirements of the solicitation. The protester also questioned the awardee's business integrity and suggested the presence of fraud in the procurement. IRS contended that the contracting officer's affirmative determination of the awardee's responsibility was reasonable and that conclusions and allegations against IRS employees were unsupported by substantial evidence. More than a mere allegation of fraud or an expression of suspicion of wrongdoing is needed to review protests against affirmative determinations of responsibility. The protest was denied.