B-202815, APR 17, 1981

B-202815, APR 17, 1981

DIGEST: ALLEGATION THAT BIDDER CANNOT PERFORM CONTRACT INVOLVES BIDDER RESPONSIBILITY, AFFIRMATIVE DETERMINATION OF WHICH IS NOT REVIEWED BY GAO EXCEPT IN CASES OF FRAUD OR MISAPPLICATION OF DEFINITIVE RESPONSIBILITY CRITERIA SET FORTH IN SOLICITATION. SINCE NEITHER EXCEPTION IS APPLICABLE, PROTEST IS DISMISSED.

LANCER CLOTHING CORPORATION:

LANCER CLOTHING CORPORATION PROTESTS ANY AWARD OF A CONTRACT TO WORKROOM FOR DESIGNERS UNDER INVITATION FOR BIDS (IFB) DLA100-81-B 0540, ISSUED BY THE DEFENSE PERSONNEL SUPPORT CENTER, DEFENSE LOGISTICS AGENCY, FOR A QUANTITY OF COLD WEATHER PARKAS. LANCER ASSERTS THAT WORKROOM FOR DESIGNERS DOES NOT HAVE A COMMITMENT FOR THE LINING MATERIAL FROM AN ACCEPTABLE, REPUTABLE SUPPLIER, AND THAT IT LACKS SUFFICIENT PRODUCTION CAPACITY. LANCER ALSO ALLEGES THAT THE PRINCIPAL INDIVIDUAL ASSOCIATED WITH WORKROOM FOR DESIGNERS HAS A QUESTIONABLE BUSINESS BACKGROUND.

THESE ALLEGATIONS RELATE TO THE RESPONSIBILITY OF THE BIDDER AS A PROSPECTIVE CONTRACTOR. DETERMINATIONS OF RESPONSIBILITY ARE LARGELY WITHIN THE DISCRETION OF CONTRACTING OFFICERS. THIS OFFICE DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF PROCURING OFFICIALS IS ALLEGED OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. SEE BOWMAN ENTERPRISES, INC., B-194015, FEBRUARY 16, 1979, 79-1 CPD 121. NEITHER IS THE CASE HERE.

THE PROTEST IS DISMISSED.