B-174676, JAN 20, 1972

B-174676: Jan 20, 1972

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SINCE THE RECORD INDICATES THAT THE CONTRACTORS IN THIS CASE ARE PERFORMING TO THE SATISFACTION OF RELIGIOUS PERSONNEL AT RICHARDS GEBAUR. THERE IS NO BASIS FOR DISTURBING THIS AWARD. THIBAULT: REFERENCE IS MADE TO YOUR LETTERS OF JULY 1 AND NOVEMBER 11. OUR OFFICE HAS CONSISTENTLY RECOGNIZED 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 THE COGNIZANT AIR FORCE CONTRACTING OFFICIALS IN THIS REGARD AND HAVE FOUND NO EVIDENCE OF UNREASONABLENESS OR BAD FAITH IN THE CONDUCT OF THE PROCUREMENT.

B-174676, JAN 20, 1972

BID PROTEST - BIDDER RESPONSIBILITY - ABILITY TO PERFORM DENIAL OF PROTEST AGAINST THE AWARD OF CONTRACTS TO MAUREEN A. JAIS AND WILLIAM E. RACER FOR PERFORMING SERVICES AS CHOIR DIRECTOR AND ORGANIST, RESPECTIVELY, AT RICHARDS-GEBAUR AFB, MO. PROTESTANT CONTENDS THAT NEITHER OF THE CONTRACTORS POSSESSES THE REQUISITE QUALIFICATIONS FOR PERFORMANCE OF THIS CONTRACT. SINCE THE RECORD INDICATES THAT THE CONTRACTORS IN THIS CASE ARE PERFORMING TO THE SATISFACTION OF RELIGIOUS PERSONNEL AT RICHARDS GEBAUR, THERE IS NO BASIS FOR DISTURBING THIS AWARD.

TO MRS. MARY K. THIBAULT:

REFERENCE IS MADE TO YOUR LETTERS OF JULY 1 AND NOVEMBER 11, 1971, PROTESTING AGAINST THE AWARDS OF CONTRACTS TO MISS MAUREEN A. JAIS AND MR. WILLIAM E. RACER FOR PERFORMING SERVICES AS CHOIR DIRECTOR AND ORGANIST, RESPECTIVELY, AT RICHARDS-GEBAUR AIR FORCE BASE, MISSOURI.

ESSENTIALLY, YOU CONTEND THAT NEITHER OF THE TWO CONTRACTORS, THE LOW OFFERORS, HAS THE ABILITY OR CAPABILITY TO PERFORM HIS RESPECTIVE CONTRACT SINCE, AS YOU ALLEGE, NEITHER POSSESSES THE REQUISITE QUALIFICATIONS. SUCH A CONTENTION, IN THE CONTEXT OF THE FEDERAL PROCUREMENT OF SERVICES, RELATES TO THE RESPONSIBILITY OF A PROSPECTIVE CONTRACTOR. OUR OFFICE HAS CONSISTENTLY RECOGNIZED 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 THE COGNIZANT AIR FORCE CONTRACTING OFFICIALS IN THIS REGARD AND HAVE FOUND NO EVIDENCE OF UNREASONABLENESS OR BAD FAITH IN THE CONDUCT OF THE PROCUREMENT. MOREOVER, OF PARTICULAR SIGNIFICANCE AND DIRECTLY CONTRARY TO YOUR CLAIMS, CONTEMPORANEOUS DOCUMENTATION DISCLOSES THAT BOTH CONTRACTORS HAVE BEEN PERFORMING TO THE SATISFACTION OF RICHARDS GEBAUR AIR FORCE BASE RELIGIOUS PERSONNEL.

ACCORDINGLY, YOUR PROTEST IS DENIED.