B-212706, AUG 26, 1983
Highlights
DIGEST: BELOW-COST BID DOES NOT PROVIDE A LEGAL BASIS FOR CHALLENGING AN AWARD WHERE THERE IS AN AFFIRMATIVE FINDING OF RESPONSIBILITY. 205 IS UNREALISTICALLY LOW. WE CONSISTENTLY HAVE HELD THAT AN ALLEGEDLY UNREASONABLY LOW OR BELOW- COST BID DOES NOT PROVIDE A LEGAL BASIS FOR CHALLENGING AN AWARD UNLESS THERE IS ALSO A FINDING OF NONRESPONSIBILITY - THAT IS. THE PROTEST IS DISMISSED.
B-212706, AUG 26, 1983
DIGEST: BELOW-COST BID DOES NOT PROVIDE A LEGAL BASIS FOR CHALLENGING AN AWARD WHERE THERE IS AN AFFIRMATIVE FINDING OF RESPONSIBILITY.
MOISTURE PROTECTION SYSTEMS ANALYSTS, INC.:
MOISTURE PROTECTION SYSTEMS ANALYSTS, INC. PROTESTS THE AIR FORCE'S AWARD OF A CONTRACT, REQUIRING THE ANALYSIS OF 31 BUILDINGS' ROOFS AT WURTSMITH AIR FORCE BASE, TO HIRSCH EQUIPMENT COMPANY. THE PROTESTER, WHO BID $49,750 UNDER THE SUBJECT INVITATION FOR BIDS, NO. F20603-83 B0021, COMPLAINS THAT HIRSCH'S BID OF $6,205 IS UNREALISTICALLY LOW.
WE CONSISTENTLY HAVE HELD THAT AN ALLEGEDLY UNREASONABLY LOW OR BELOW- COST BID DOES NOT PROVIDE A LEGAL BASIS FOR CHALLENGING AN AWARD UNLESS THERE IS ALSO A FINDING OF NONRESPONSIBILITY - THAT IS, A DETERMINATION BY THE CONTRACTING AGENCY THAT THE BIDDER LACKS THE ABILITY TO PERFORM THE CONTRACT AT ITS OFFERED PRICE. SOUTHWEST TRUCK BODY COMPANY - REQUEST FOR RECONSIDERATION, B-208660.2, DECEMBER 28, 1982, 82-2 CPD 585. THE AIR FORCE'S AWARD TO HIRSCH, HOWEVER, ENTAILED AN AFFIRMATIVE RESPONSIBILITY DETERMINATION, CRIMSCO, INC., B-210724, MARCH 24, 1983, 83-1 CPD 304, WHICH OUR OFFICE DOES NOT REVIEW EXCEPT IN CIRCUMSTANCES NOT PRESENT HERE. ID; YARDNEY ELECTRIC CORPORATION, 54 COMP.GEN. 509 (1974), 74-2 CPD 376.
THE PROTEST IS DISMISSED.