B-185493, JAN 15, 1976
Highlights
PROTEST THAT BIDDER IS NOT RESPONSIBLE WILL NOT BE REVIEWED BY GAO EXCEPT FOR SHOWING OF FRAUD OR THAT SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. IN THAT IT LACKS THE ABILITY TO COMPLY WITH THE REQUIRED PERFORMANCE SCHEDULE AND IS SERIOUSLY DEFICIENT IN THE PERFORMANCE UNDER EXISTING CONTRACTS. THE PROTESTER REFERENCES TWO OF HYDRO'S CURRENT CONTRACTS WHICH WERE DUE FOR COMPLETION PRIOR TO THE INSTANT IFB'S SCHEDULED BID OPENING DATE AND STATES THAT ON ONE CONTRACT NONE OF THE REQUIRED WORK WAS COMPLETED FOR ACCEPTANCE WHILE ON THE OTHER HYDRO HAD ONLY APPROXIMATELY 10 PERCENT OF ITS WORK ACCEPTED. EXCEPT FOR ACTIONS BY PROCUREMENT OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD OR WHERE THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED.
B-185493, JAN 15, 1976
PROTEST THAT BIDDER IS NOT RESPONSIBLE WILL NOT BE REVIEWED BY GAO EXCEPT FOR SHOWING OF FRAUD OR THAT SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED.
GREAT LAKES DREDGE AND DOCK COMPANY:
GREAT LAKES DREDGE AND DOCK COMPANY (GREAT LAKES) PROTESTS THE AWARD OF A CONTRACT TO HYDRO DREDGE COMPANY (HYDRO) UNDER INVITATION FOR BIDS (IFB) DACW33-76-B-0012, ISSUED BY U.S. ARMY CORPS OF ENGINEERS, ENGINEERING DIVISION, WALTHAM, MASSACHUSETTS. GREAT LAKES CONTENDS THAT HYDRO DOES NOT SATISFY THE MINIMUM STANDARDS FOR RESPONSIBLE CONTRACTORS SET FORTH IN ARMED SERVICES PROCUREMENT REGULATION (ASPR) SECS. 1-903.1(II) AND (III) (1975 ED.) IN THAT IT LACKS THE ABILITY TO COMPLY WITH THE REQUIRED PERFORMANCE SCHEDULE AND IS SERIOUSLY DEFICIENT IN THE PERFORMANCE UNDER EXISTING CONTRACTS. SPECIFICALLY, THE PROTESTER REFERENCES TWO OF HYDRO'S CURRENT CONTRACTS WHICH WERE DUE FOR COMPLETION PRIOR TO THE INSTANT IFB'S SCHEDULED BID OPENING DATE AND STATES THAT ON ONE CONTRACT NONE OF THE REQUIRED WORK WAS COMPLETED FOR ACCEPTANCE WHILE ON THE OTHER HYDRO HAD ONLY APPROXIMATELY 10 PERCENT OF ITS WORK ACCEPTED.
AS REGARDS THE ISSUE OF HYDRO'S RESPONSIBILITY, THIS OFICE NO LONGER REVIEWS BID PROTESTS INVOLVING AGENCIES' AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY, EXCEPT FOR ACTIONS BY PROCUREMENT OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD OR WHERE THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. CENTRAL METAL PRODUCTS, INC., 54 COMP.GEN. 66 (1974), 74-2 CPD 64. AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ARE BASED IN LARGE MEASURE ON SUBJECTIVE JUDGMENTS WHICH ARE LARGELY WITHIN THE DISCRETION OF PROCURING OFFICIALS WHO MUST SUFFER ANY DIFFICULTIES EXPERIENCED BY REASON OF A CONTRACTOR'S INABILITY TO PERFORM. GREAT LAKES' PROTEST DOES NOT ALLEGE THAT ARMY OFFICIALS ACTED FRAUDULENTLY OR THAT DEFINITIVE RESPONSIBILITY CRITERIA WERE NOT APPLIED IN THIS CASE. HOWEVER, WE DO CONSIDER PROTESTS INVOLVING DETERMINATIONS OF NONRESPONSIBILITY TO PROVIDE ASSURANCE TO THE REJECTED BIDDER AGAINST THE ARBITRARY REJECTION OF ITS BID.
IN VIEW OF THE FOREGOING, THIS PROTEST IS NOT FOR CONSIDERATION BY THE GENERAL ACCOUNTING OFFICE AND IS HEREBY DISMISSED.