B-208391, AUG 16, 1982
Highlights
DIGEST: NO BASIS EXISTS TO PRECLUDE A CONTRACT AWARD MERELY BECAUSE THE LOW BIDDER MAY HAVE SUBMITTED A BELOW-COST BID. THE PROTEST IS DISMISSED. ACCEPTANCE OF A BELOW-COST BID BY THE GOVERNMENT IS NOT ILLEGAL AND DOES NOT PROVIDE A BASIS UPON WHICH THE AWARD MAY BE CHALLENGED. THE QUESTION OF WHETHER THE BIDDER WILL BE ABLE TO PERFORM THE CONTRACT AS SPECIFIED RELATES TO THE FIRM'S RESPONSIBILITY. IMPLICIT IN THE AWARD TO FANCY INDUSTRIES IS A DETERMINATION BY THE CONTRACTING OFFICER THAT THE FIRM WAS A RESPONSIBLE CONCERN. THIS OFFICE REVIEWS CONTRACTING OFFICERS' AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY IN ONLY TWO SITUATIONS: WHEN THERE IS A SHOWING OF FRAUD OR BAD FAITH ON THE PART OF PROCUREMENT OFFICIALS OR WHEN IT IS ALLEGED THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET.
B-208391, AUG 16, 1982
DIGEST: NO BASIS EXISTS TO PRECLUDE A CONTRACT AWARD MERELY BECAUSE THE LOW BIDDER MAY HAVE SUBMITTED A BELOW-COST BID.
S. G. ENTERPRISES:
S. G. ENTERPRISES PROTESTS AN AWARD TO FANCY INDUSTRIES UNDER SOLICITATION NO. DLA 100-82-B-0794, ISSUED BY THE DEFENSE LOGISTICS AGENCY, CONTENDING THAT THE ITEM CONTRACTED FOR CANNOT BE MANUFACTURED AT THE PRICE QUOTED. THE PROTEST IS DISMISSED.
ACCEPTANCE OF A BELOW-COST BID BY THE GOVERNMENT IS NOT ILLEGAL AND DOES NOT PROVIDE A BASIS UPON WHICH THE AWARD MAY BE CHALLENGED. NATIONAL OFFICE MOVING COMPANY; KEAHEY MOVING AND STORAGE, B-203304, B-203304.2, JANUARY 1, 1982, 82-1 CPD 4. THE QUESTION OF WHETHER THE BIDDER WILL BE ABLE TO PERFORM THE CONTRACT AS SPECIFIED RELATES TO THE FIRM'S RESPONSIBILITY. IMPLICIT IN THE AWARD TO FANCY INDUSTRIES IS A DETERMINATION BY THE CONTRACTING OFFICER THAT THE FIRM WAS A RESPONSIBLE CONCERN, DECISION SCIENCES CORPORATION, B-205583, JANUARY 19, 1982, 82-1 CPD 45, AND THIS OFFICE REVIEWS CONTRACTING OFFICERS' AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY IN ONLY TWO SITUATIONS: WHEN THERE IS A SHOWING OF FRAUD OR BAD FAITH ON THE PART OF PROCUREMENT OFFICIALS OR WHEN IT IS ALLEGED THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET. J&R CLEANING & GENERAL MAINTENANCE, B-206280, FEBRUARY 19, 1982, 82-1 CPD 147. NEITHER ALLEGATION HAS BEEN MADE HERE.
THE PROTEST IS DISMISSED.