B-144641, FEB. 7, 1962

B-144641, FEB. 7, 1962

TO INTERNATIONAL AIRCRAFT SERVICES, INC.:

BY TELEGRAM OF NOVEMBER 30, 1961, AND LETTER OF DECEMBER 1, 1961, WITH ENCLOSURE, YOUR FIRM HAS PROTESTED THE AWARD OF A CONTRACT TO THE FACILITIES MANAGEMENT CORPORATION UNDER INVITATION FOR BIDS NO. 04-687 62- 1, ISSUED OCTOBER 9, 1961, BY THE WESTERN TRANSPORT AIR FORCE, FOR SPECIFIED SERVICES IN CONNECTION WITH LANDINGS OF GOVERNMENT AIRCRAFT AT WAKE ISLAND FOR A PERIOD FROM JANUARY 1, 1962, OR DATE OF AWARD IF LATER, THROUGH DECEMBER 31, 1962, DECEMBER 31, 1963, OR DECEMBER 31, 1964, AT THE GOVERNMENT'S OPTION.

BIDS WERE SOLICITED FROM 36 FIRMS AND NINE BIDDERS RESPONDED. AFTER CAREFUL ANALYSIS THE CONTRACTING OFFICER DETERMINED THAT THE LOWEST COST TO THE GOVERNMENT WOULD RESULT FROM THE AWARD OF A CONTRACT FOR A PERIOD OF THREE YEARS TO THE FACILITIES MANAGEMENT CORPORATION. WHEN A FACILITY CAPABILITY SURVEY CONDUCTED BY THE LOS ANGELES AIR PROCUREMENT DISTRICT IN ACCORDANCE WITH NORMAL AIR FORCE PROCEDURE RESULTED IN A DETERMINATION THAT THE FIRM QUALIFIED AS A RESPONSIBLE BIDDER, FACILITIES MANAGEMENT CORPORATION WAS AWARDED CONTRACT NO. AF 04/687/-4 ON DECEMBER 5, 1961, FOR A PERIOD OF THREE YEARS. WE ARE ADVISED THAT FACILITIES MANAGEMENT CORPORATION COMMENCED PERFORMANCE ON JANUARY 1, 1962, AS REQUIRED BY THE TERMS OF THE CONTRACT.

YOU HAVE PROTESTED THE AWARD ON THE BASIS THAT ONLY YOU, AS THE PRIOR CONTRACTOR, AND ANOTHER FIRM ALREADY PROVIDING SERVICES ON WAKE ISLAND SIMILAR TO THE TYPE REQUIRED BY THE TERMS OF THE CONTRACT, MAY PROPERLY BE REGARDED AS RESPONSIBLE, SINCE NO OTHER BIDDER HAD THE NECESSARY BACKGROUND EXPERIENCE AND "IN-BEING" CAPABILITY TO SUCCESSFULLY PERFORM. SPECIFICALLY YOU NOTE THAT AS OF DECEMBER 1, 1961, YOUR FIRM HAD NOT BEEN CONTACTED BY ANY OTHER BIDDER FOR USE OR PURCHASE OF THE CONSIDERABLE EQUIPMENT AND INVENTORY ON WAKE ISLAND, WITHOUT WHICH, YOU STATE, IT WOULD NOT BE POSSIBLE TO PERFORM. FURTHER, YOU NOTE THAT NO BIDDER, OTHER THAN THE TWO PREVIOUSLY NOTED, HAS THE CURRENT AIRCRAFT MAINTENANCE MANAGEMENT AND AIRLINE-OPERATIONS AND DISPATCH EXPERIENCE NECESSARY TO PERFORM. ALSO YOU STATE THAT NO OTHER BIDDER HAS AN EXISTING WORK FORCE FROM WHICH TO DRAW TO MAINTAIN THE SCHEDULE UNTIL PERMANENT PERSONNEL MAY BE OBTAINED, AND NO OTHER BIDDER HAS THE NECESSARY WORKING AGREEMENTS WITH THE PHILIPPINE GOVERNMENT FOR THE EMPLOYMENT OF PHILIPPINE NATIONALS WHO MAKE UP A CONSIDERABLE PART OF THE WORK FORCE.

THE MATTERS RAISED IN YOUR PROTEST RELATE TO THE RESPONSIBILITY OF THE LOW BIDDER; THAT IS, THE ABILITY TO PERFORM IN ACCORDANCE WITH THE TERMS OF THE CONTRACT. THE CONTRACT FILE FURNISHED US BY THE DEPARTMENT OF THE AIR FORCE INDICATES THAT A FACILITY CAPABILITY REPORT TEAM, MADE UP OF EXPERIENCED AND QUALIFIED PERSONNEL, SURVEYED THE FACILITIES AND CAPABILITY OF THE FACILITIES MANAGEMENT CORPORATION AND, AFTER DUE INVESTIGATION AND CONSIDERATION, CONCLUDED THAT THE FIRM HAD PROCURED THE NECESSARY MATERIALS, EQUIPMENT AND SUPPLIES TO RENDER PERFORMANCE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT, AND HAD ADEQUATELY CONSIDERED THE EQUIPMENT, SUPPLIES, TRANSPORTATION, PERSONNEL AND ALL OTHER FACTORS REQUIRED FOR PROPER PERFORMANCE.

IT HAS LONG BEEN OUR POSITION THAT THE DETERMINATION OF THE RESPONSIBILITY OF A BIDDER IS WITHIN THE PROVINCE OF THE CONTRACTING AGENCY SUBJECT TO QUESTION BY OUR OFFICE ONLY IF FOUND TO BE CAPRICIOUS OR ARBITRARY. 38 COMP. GEN. 131; 37 COMP. GEN. 798. SINCE, AS INDICATED ABOVE, THE EVIDENCE PRESENTED SHOWS THAT THE DETERMINATION OF RESPONSIBILITY WAS MADE AFTER DUE CONSIDERATION OF THE MATERIAL FACTS, WE FIND NO BASIS TO QUESTION THE PROPRIETY OF THE SELECTION OF THE LOW BIDDER FOR AWARD.