B-172656, JUL 26, 1971

B-172656: Jul 26, 1971

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THE CONTRACTING OFFICER'S DETERMINATION THAT PROTESTANT WAS NONRESPONSIBLE. WILL NOT BE QUESTIONED BY GAO. THIS PROTEST IS A CONTINUATION OF THE CONTRACTUAL DEALINGS BETWEEN IMCO AND RIA WHEREBY IMCO HAS BEEN THE LOW RESPONSIVE BIDDER ON VARIOUS PROCUREMENTS BUT DENIED AWARDS DUE TO RIA'S FINDINGS OF NONRESPONSIBILITY. WE EMPHASIZED OUR CONSISTENT RECOGNITION THAT THE DETERMINATION OF THE RESPONSIBILITY OF A PROSPECTIVE CONTRACTOR FOR PARTICULAR CONTRACTS IS PRIMARILY THE FUNCTION OF THE CONTRACTING OFFICER. THE DETERMINATION WILL NOT BE QUESTIONED BY OUR OFFICE. WE HAVE THOROUGHLY AND CAREFULLY REVIEWED THE DETERMINATIONS OF RIA CONTRACTING OFFICIALS. THAT IMCO WAS NONRESPONSIBLE WITH RESPECT TO THE FOUR AWARDS AGAINST WHICH THIS PROTEST HAS BEEN FILED.

B-172656, JUL 26, 1971

BID PROTEST - BIDDER RESPONSIBILITY DECISION CONCERNING PROTESTS AGAINST AWARDS OF CONTRACTS TO OTHER FIRMS UNDER FOUR INVITATIONS ISSUED BY THE ARMY MATERIEL COMMAND, ROCK ISLAND ARSENAL, DUE TO FINDINGS OF NONRESPONSIBILITY. IN ACCORDANCE WITH PRIOR DECISIONS, ABSENT A CLEAR SHOWING OF BAD FAITH OR LACK OF A REASONABLE BASIS THEREFORE IN THE RECORD, THE CONTRACTING OFFICER'S DETERMINATION THAT PROTESTANT WAS NONRESPONSIBLE, WILL NOT BE QUESTIONED BY GAO.

TO IMCO PRECISION PRODUCTS INC.:

WE REFER TO YOUR LETTER DATED JULY 2, 1971, AND PRIOR CORRESPONDENCE, PROTESTING AGAINST THE AWARDS OF CONTRACTS TO OTHER FIRMS UNDER INVITATIONS FOR BIDS NOS. DAAF01-71-B-0582, DAAF01-71-B-0551, DAAF01-71 B- 0577 AND DAAF01-71-B-0644, ALL ISSUED BY THE ARMY MATERIEL COMMAND (AMC), ROCK ISLAND ARSENAL (RIA), ILLINOIS.

THIS PROTEST IS A CONTINUATION OF THE CONTRACTUAL DEALINGS BETWEEN IMCO AND RIA WHEREBY IMCO HAS BEEN THE LOW RESPONSIVE BIDDER ON VARIOUS PROCUREMENTS BUT DENIED AWARDS DUE TO RIA'S FINDINGS OF NONRESPONSIBILITY. IN OUR DECISION TO YOU B-169342, B-169351, B 169503, JUNE 19, 1970, WE EMPHASIZED OUR CONSISTENT RECOGNITION THAT THE DETERMINATION OF THE RESPONSIBILITY OF A PROSPECTIVE CONTRACTOR FOR PARTICULAR CONTRACTS IS PRIMARILY THE FUNCTION OF THE CONTRACTING OFFICER. IN VIEW THEREOF, ABSENT A CLEAR SHOWING OF BAD FAITH OR LACK OF A REASONABLE BASIS THEREFOR IN THE RECORD, THE DETERMINATION WILL NOT BE QUESTIONED BY OUR OFFICE.

WE HAVE THOROUGHLY AND CAREFULLY REVIEWED THE DETERMINATIONS OF RIA CONTRACTING OFFICIALS, AS SUPPORTED BY AN EXHAUSTIVE LEGAL ANALYSIS, THAT IMCO WAS NONRESPONSIBLE WITH RESPECT TO THE FOUR AWARDS AGAINST WHICH THIS PROTEST HAS BEEN FILED. OUR REVIEW HAS UNCOVERED NO BASIS UPON WHICH WE MIGHT CONCLUDE THAT RIA CONTRACTING OFFICIALS ACTED UNREASONABLY OR IN BAD FAITH IN FINDING IMCO NONRESPONSIBLE. IN THIS REGARD, WE ENCLOSE COPIES OF PERTINENT PORTIONS OF AMC'S ADMINISTRATIVE REPORT TO OUR OFFICE ON THE PROTESTS FOR YOUR INFORMATION.

YOU WITHDREW YOUR PREAWARD PROTEST UNDER INVITATION FOR BIDS NO. DAAF01- 71-B-0792 SINCE RIA INFORMED IMCO THAT AS THE LOW RESPONSIVE, RESPONSIBLE BIDDER, THE FIRM WOULD BE AWARDED THE CONTRACT. AMC ADVISES THAT IMCO IS CONSIDERED TO BE RESPONSIBLE FOR PURPOSES OF AWARD THEREUNDER SINCE, SUBSEQUENT TO THE AWARDS OF THE PROTESTED CONTRACTS, IT HAS TAKEN SUCH CORRECTIVE STEPS TO REMOVE RIA'S RESPONSIBILITY OBJECTIONS THAT RIA ANTICIPATES TIMELY DELIVERY AND EFFECTIVE MANUFACTURE OF THE DESIRED ITEM.