B-173115, JUL 19, 1971

B-173115: Jul 19, 1971

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FOR ELEVATOR INSPECTION AND MAINTENANCE AS PROTESTANT'S ALLEGATION THAT CONTRACTING OFFICER DID NOT INVESTIGATE TIDEWATER TO DETERMINE ITS QUALIFICATION IS NOT SUPPORTED BY THE RECORD. YOUR SOLE CONTENTION IS THAT THE CONTRACTING OFFICER FAILED TO MAKE A MEANINGFUL INVESTIGATION AND DETERMINATION OF TIDEWATER'S RESPONSIBILITY. ENCLOSED IS A COPY OF A LETTER DATED JUNE 25. WE CANNOT CONCLUDE THAT HIS DETERMINATION THAT TIDEWATER WAS RESPONSIBLE IS SUBJECT TO LEGAL QUESTION BY OUR OFFICE. YOUR PROTEST IS DENIED.

B-173115, JUL 19, 1971

BID PROTEST - BIDDER RESPONSIBILITY - DETERMINATION DECISION DENYING PROTEST AGAINST AWARD OF CONTRACT BY LANGLEY AIR FORCE BASE TO TIDEWATER ELEVATOR SERVICE, INC. FOR ELEVATOR INSPECTION AND MAINTENANCE AS PROTESTANT'S ALLEGATION THAT CONTRACTING OFFICER DID NOT INVESTIGATE TIDEWATER TO DETERMINE ITS QUALIFICATION IS NOT SUPPORTED BY THE RECORD.

TO KELLAM, PICKRELL, LAWLER, HODGES & KELLAM:

WE REFER TO LETTERS DATED JUNE 2 AND 10, 1971, PROTESTING ON BEHALF OF HOWLETT ELEVATOR COMPANY AGAINST THE LANGLEY AIR FORCE BASE'S AWARD ON MAY 26, 1971, OF CONTRACT F44600-71-C-0243, IN AN AMOUNT OF $6,660, TO TIDEWATER ELEVATOR SERVICE, INC., FOR ELEVATOR INSPECTION AND MAINTENANCE SERVICES AT LANGLEY AND AT CAPE CHARLES AIR FORCE STATION.

YOUR SOLE CONTENTION IS THAT THE CONTRACTING OFFICER FAILED TO MAKE A MEANINGFUL INVESTIGATION AND DETERMINATION OF TIDEWATER'S RESPONSIBILITY. IN ACCORDANCE WITH YOUR INFORMAL REQUEST OF JULY 2, 1971, ENCLOSED IS A COPY OF A LETTER DATED JUNE 25, 1971, FROM THE CHIEF, CONTRACT MANAGEMENT DIVISION, DIRECTORATE OF PROCUREMENT POLICY, DEPUTY CHIEF OF STAFF, SYSTEMS AND LOGISTICS, DEPARTMENT OF THE AIR FORCE, REPORTING ON THE PROTEST, AS WELL AS A COPY OF PERTINENT PORTIONS OF THE CONTRACTING OFFICER'S STATEMENT OF FACTS AND FINDINGS. AN EXAMINATION OF THESE DOCUMENTS REVEALS THAT THE CONTRACTING OFFICER DID, IN FACT, INVESTIGATE THE QUALIFICATIONS OF TIDEWATER. FROM OUR REVIEW OF THE INFORMATION DEVELOPED BY THE CONTRACTING OFFICER, WE CANNOT CONCLUDE THAT HIS DETERMINATION THAT TIDEWATER WAS RESPONSIBLE IS SUBJECT TO LEGAL QUESTION BY OUR OFFICE. ACCORDINGLY, YOUR PROTEST IS DENIED.