B-216650, OCT 19, 1984, 84-2 CPD 425
Highlights
GAO DOES NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH OR MISAPPLICATION OF DEFINITIVE CRITERIA AGAINST WHICH RESPONSIBILITY IS TO BE DETERMINED. PROTEST ALLEGATION THAT "MISSING ACKNOWLEDGEMENT HAS FAR RANGING LEGAL EFFECTS AND IS NOT A MINOR INFORMALITY. " WITHOUT ANY IDENTIFICATION OR WHAT WAS NOT ACKNOWLEDGED OR OTHER FACTUAL STATEMENT OR EXPLANATION OR WHY SOMETHING OTHER THAN A MINOR INFORMALITY IS INVOLVED. IS INSUFFICIENT AS A PROTEST ALLEGATION WHICH GAO WILL REVIEW. THE THRUST OF DANIEL'S PROTEST IS THAT THE OTHER FIRM SHOULD HAVE BEEN FOUND NONRESPONSIBLE. RESPONSIBILITY DETERMINATIONS ARE SUBJECTIVE AND ARE BASED ESSENTIALLY ON BUSINESS JUDGEMENT.
B-216650, OCT 19, 1984, 84-2 CPD 425
CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: 1. GAO DOES NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH OR MISAPPLICATION OF DEFINITIVE CRITERIA AGAINST WHICH RESPONSIBILITY IS TO BE DETERMINED. CONTRACTS - PROTESTS - ALLEGATIONS - VAGUE 2. PROTEST ALLEGATION THAT "MISSING ACKNOWLEDGEMENT HAS FAR RANGING LEGAL EFFECTS AND IS NOT A MINOR INFORMALITY," WITHOUT ANY IDENTIFICATION OR WHAT WAS NOT ACKNOWLEDGED OR OTHER FACTUAL STATEMENT OR EXPLANATION OR WHY SOMETHING OTHER THAN A MINOR INFORMALITY IS INVOLVED, IS INSUFFICIENT AS A PROTEST ALLEGATION WHICH GAO WILL REVIEW.
DANIEL EMERGENCY MEDICAL SERVICES, INC.:
DANIEL EMERGENCY MEDICAL SERVICES, INC. (DANIEL), PROTEST THE AWARD OF A CONTRACT TO ANOTHER FIRM BY THE VETERANS ADMINISTRATION UNDER SOLICITATION NO. 674-5-85.
THE THRUST OF DANIEL'S PROTEST IS THAT THE OTHER FIRM SHOULD HAVE BEEN FOUND NONRESPONSIBLE. RESPONSIBILITY DETERMINATIONS ARE SUBJECTIVE AND ARE BASED ESSENTIALLY ON BUSINESS JUDGEMENT. FOR THAT REASON, WE DO NOT REVIEW CHALLENGES TO AN AFFIRMATIVE RESPONSIBILITY DETERMINATION UNLESS THERE IS A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS OR OF POSSIBLE FAILURE TO APPLY DEFINITIVE CRITERIA CONTAINED IN THE SOLICITATION AGAINST WHICH RESPONSIBILITY WAS TO BE DETERMINED. NORTHERN ARIZONA GAS SERVICE, INC., B-216440, SEPT. 24, 1984, 84-2 CPD PARA. --- . NEITHER EXCEPTION APPLIES HERE.
THE PROTESTER ALSO STATES THAT "THE MISSING ACKNOWLEDGMENT HAS FAR RANGING LEGAL EFFECTS AND IS NOT A MINOR INFORMALITY." THE PROTESTER, HOWEVER, DOES NOT IDENTIFY THE CONTENTS OF WHAT HAS NOT BEEN ACKNOWLEDGED NOR EXPLAIN WHY SOMETHING OTHER THAN A MINOR INFORMALITY IS INVOLVED. THIS PROTEST STATEMENT DOES NOT PROVIDE US WITH ANY BASIS FOR EVALUATING THE PROTESTER'S POSITION, AND WE THEREFORE WILL NOT THREAT IT AS A REVIEWABLE BASIS FOR PROTEST. SEE ALICE ROOFING, B-216277, SEPT. 18, 1984, 84-2 CPD PARA. ---.
THE PROTEST IS DISMISSED.