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[Protest of USDA Possible Award of a Fixed-Price Contract]

B-217413 Published: Jan 09, 1985. Publicly Released: Jan 09, 1985.
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Highlights

A firm protested the Department of Agriculture's possible award of a fixed-price contract, contending that a contract award should not be made to the low offerer because it could not perform the solicited requirements at the price which it offered. Whether a low offerer can perform a contract at the price offered is a matter of responsibility, which GAO would not review absent a showing of fraud or bad faith or that definitive responsibility criteria were misapplied. GAO found no allegation of the misapplication of definitive responsibility criteria, and the protester failed to show possible fraud or bad faith. Accordingly, the protest was dismissed.

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Bidder responsibilityContract award protestsContract costsFixed price contractsQuestionable procurement chargesBreach of contractIntellectual property rightsAutomatic data processingFederal acquisition regulations