B-185650, FEB 19, 1976
Highlights
PROTEST ALLEGING THAT LOW BIDDER IS NOT RESPONSIBLE AND THEREFORE SHOULD NOT RECEIVE AWARD. IS NOT FOR CONSIDERATION BY GAO. ON THE GROUNDS THAT ABC IS NOT CAPABLE OF PERFORMING THE SPECIFIED WORK AT ITS BID PRICE. WHILE THIS OFFICE DOES REVIEW PROTESTS INVOLVING AGENCY DETERMINATIONS OF NONRESPONSIBILITY TO ASSURE THAT BIDS ARE NOT ARBITRARILY REJECTED. REVIEW PROTESTS ALLEGING THAT BIDDERS ARE NONRESPONSIBLE. WE WILL NOT DISTURB THIS FINDING. EXCEPT FOR ACTIONS BY PROCURING OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD OR UNLESS THE SOLICITATION CONTAINS DEFINITIVE STANDARDS OF RESPONSIBILITY WHICH ALLEGEDLY HAVE NOT BEEN FOLLOWED. SINCE NO SUCH ALLEGATIONS HAVE BEEN RAISED HERE. THE PROTEST IS DISMISSED.
B-185650, FEB 19, 1976
PROTEST ALLEGING THAT LOW BIDDER IS NOT RESPONSIBLE AND THEREFORE SHOULD NOT RECEIVE AWARD, IS NOT FOR CONSIDERATION BY GAO.
HARRIS SYSTEM TERMITE CO.:
HARRIS SYSTEM TERMITE CO. (HARRIS) HAS PROTESTED AWARD TO ABC PEST CONTROL, THE LOW BIDDER, UNDER INVITATION FOR BIDS (IFB) NO. 13-76-115, ISSUED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ON THE GROUNDS THAT ABC IS NOT CAPABLE OF PERFORMING THE SPECIFIED WORK AT ITS BID PRICE.
THE PROTEST CHALLENGES THE RESPONSIBILITY OF ABC AND ITS ELIGIBILITY FOR CONTRACT AWARD. HOWEVER, WHILE THIS OFFICE DOES REVIEW PROTESTS INVOLVING AGENCY DETERMINATIONS OF NONRESPONSIBILITY TO ASSURE THAT BIDS ARE NOT ARBITRARILY REJECTED, WE DO NOT, AS A GENERAL RULE, REVIEW PROTESTS ALLEGING THAT BIDDERS ARE NONRESPONSIBLE. IF A CONTRACTING OFFICER FINDS A BIDDER TO BE RESPONSIBLE, WE WILL NOT DISTURB THIS FINDING, EXCEPT FOR ACTIONS BY PROCURING OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD OR UNLESS THE SOLICITATION CONTAINS DEFINITIVE STANDARDS OF RESPONSIBILITY WHICH ALLEGEDLY HAVE NOT BEEN FOLLOWED. PARSONS CUSTOM PRODUCTS, INC., B-185104, NOVEMBER 14, 1975, 75-2 CPD 311. SINCE NO SUCH ALLEGATIONS HAVE BEEN RAISED HERE, WE MUST DECLINE TO CONSIDER THE MATTER.
ACCORDINGLY, THE PROTEST IS DISMISSED.