B-171852, MAY 7, 1971

B-171852: May 7, 1971

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WHICH IS PERSUASIVE ON THE QUESTION OF PROTESTANT'S CAPACITY AND CREDIT. CANNOT CONCLUDE THAT PROTESTANT WAS A RESPONSIBLE BIDDER. THE PROTEST IS DENIED. REFERENCE IS MADE TO YOUR LETTER OF MARCH 5. THE BASIS FOR THE PROTEST IS THAT AWARD MUST BE MADE TO KINETIC SYSTEMS. SINCE IT DOES NOT APPEAR THAT THE CONTRACTING OFFICER ACTED IN A MANNER WHICH WAS ARBITRARY. SINCE THE REFUSAL OF SBA TO ISSUE A COC IS PERSUASIVE ON THE QUESTION OF A FIRM'S CAPACITY AND CREDIT. WE CANNOT CONCLUDE THAT KSI WAS A RESPONSIBLE BIDDER FOR PURPOSES OF THIS PROCUREMENT. YOUR PROTEST IS DENIED.

B-171852, MAY 7, 1971

BID PROTEST - BIDDER RESPONSIBILITY DECISION DENYING PROTEST BY KINETIC SYSTEMS, INC., AGAINST AWARD OF A CONTRACT TO ANY OTHER BIDDER. WHERE THE CONTRACTING OFFICER DETERMINED PROTESTANT TO BE NONRESPONSIBLE AND THE SBA DECLINED TO ISSUE A CERTIFICATE OF COMPETENCY, WHICH IS PERSUASIVE ON THE QUESTION OF PROTESTANT'S CAPACITY AND CREDIT, THE COMP. GEN. CANNOT CONCLUDE THAT PROTESTANT WAS A RESPONSIBLE BIDDER. THEREFORE, THE PROTEST IS DENIED.

TO KINETIC SYSTEMS, INC.

REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1971, AND PRIOR CORRESPONDENCE, PROTESTING AGAINST THE AWARD OF A CONTRACT TO A BIDDER OTHER THAN YOUR FIRM UNDER INVITATION FOR BIDS (IFB) NO. DACA87-71-B 0020.

THE BASIS FOR THE PROTEST IS THAT AWARD MUST BE MADE TO KINETIC SYSTEMS, INC. (KSI) AS THE LOW RESPONSIVE, RESPONSIBLE BIDDER. THE CONTRACTING OFFICER, ON THE BASIS OF A NEGATIVE PREAWARD SURVEY, DETERMINED KSI TO BE NONRESPONSIBLE AND THE SMALL BUSINESS ADMINISTRATION (SBA) THEREAFTER DECLINED TO ISSUE A CERTIFICATE OF COMPETENCY (COC) TO KSI. SINCE IT DOES NOT APPEAR THAT THE CONTRACTING OFFICER ACTED IN A MANNER WHICH WAS ARBITRARY, CAPRICIOUS, OR IN BAD FAITH, AND SINCE THE REFUSAL OF SBA TO ISSUE A COC IS PERSUASIVE ON THE QUESTION OF A FIRM'S CAPACITY AND CREDIT, WE CANNOT CONCLUDE THAT KSI WAS A RESPONSIBLE BIDDER FOR PURPOSES OF THIS PROCUREMENT. SEE B 167563, B-167652, OCTOBER 13, 1969.

ACCORDINGLY, YOUR PROTEST IS DENIED.