B-174847, MAR 10, 1972

B-174847: Mar 10, 1972

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PROTESTANT'S CONTENTIONS ARE WITHOUT MERIT SINCE THE DETERMINATION OF RESPONSIBILITY WAS PROPERLY MADE AND THE PROPOSAL OF THE LOW BIDDER WAS CLEARLY IN COMPLIANCE WITH THE SPECIFICATIONS OF THE SUBJECT IFB. THE PROTEST IS DENIED. WAS REVIEWED BY A CONTRACTOR EVALUATION BOARD WHICH ALSO CONCLUDED THAT THE APPARENT LOW BIDDER WAS RESPONSIBLE AND SHOULD RECEIVE THE AWARD. IS A CONTRACTING OFFICER RESPONSIBILITY WHICH IS NOT SUBJECT TO OBJECTION BY OUR OFFICE ABSENT A SHOWING OF BAD FAITH OR LACK OF SUBSTANTIAL BASIS FOR THE DETERMINATION. THE PROTEST IS DENIED.

B-174847, MAR 10, 1972

BID PROTEST - BIDDER RESPONSIBILITY DECISION DENYING THE PROTEST OF CONTINENTAL ENGINEERING ASSOCIATES, INC., AGAINST AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER AN IFB ISSUED BY THE ARMY ELECTRONICS COMMAND FOR A PROCUREMENT OF EYESHIELD ASSEMBLIES. PROTESTANT'S CONTENTIONS ARE WITHOUT MERIT SINCE THE DETERMINATION OF RESPONSIBILITY WAS PROPERLY MADE AND THE PROPOSAL OF THE LOW BIDDER WAS CLEARLY IN COMPLIANCE WITH THE SPECIFICATIONS OF THE SUBJECT IFB. ACCORDINGLY, THE PROTEST IS DENIED.

TO CONTINENTAL ENGINEERING ASSOCIATES, INC.:

WE REFER TO YOUR LETTER OF JANUARY 10, 1972, AND PRIOR TELEGRAM, PROTESTING AGAINST THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) DAAB05-72-B-0237 FOR EYESHIELD ASSEMBLIES, ISSUED BY THE UNITED STATES ARMY ELECTRONICS COMMAND.

YOU MAINTAIN THAT NO AWARD SHOULD BE MADE UNTIL PROOF HAS BEEN OBTAINED WHICH WOULD SUBSTANTIATE THE CAPABILITY OF PERFORMANCE OF ALL BIDDERS BEING CONSIDERED FOR AWARD. YOU ALSO MAINTAIN THAT PROOF SHOULD ALSO BE OBTAINED THAT BIDDERS INTEND TO USE RTV-630 SILICONE RUBBER AND NOT A "CHEAPER" MATERIAL.

AS REGARDS THE USE OF SILICONE RUBBER, THE CONTRACTING OFFICER STATES THAT THE IFB PERMITTED THE USE OF EITHER THE GENERAL ELECTRIC COMPANY'S RTV-630 PRODUCT OR THE DOW-CORNING CORPORATION'S SILASTIC 35U PRODUCT WHICH THE LOW BIDDER INTENDS TO USE. THEREFORE, NO BASIS EXISTS FOR A DETERMINATION BY OUR OFFICE THAT THE INTENDED USE OF SILASTIC 35U RENDERED THE LOW BID UNACCEPTABLE.

AS TO THE CONTENTION REGARDING BIDDER CAPABILITY, A PREAWARD SURVEY CONDUCTED ON THE APPARENT LOW BIDDER RECOMMENDED COMPLETE AWARD. THIS SURVEY, IN TURN, WAS REVIEWED BY A CONTRACTOR EVALUATION BOARD WHICH ALSO CONCLUDED THAT THE APPARENT LOW BIDDER WAS RESPONSIBLE AND SHOULD RECEIVE THE AWARD. FINALLY, THE CONTRACTING OFFICER REVIEWED THE PREAWARD SURVEY AND THE CONTRACT EVALUATION BOARD REPORT AND CONCURRED WITH THEIR CONCLUSION AS TO THE APPARENT LOW BIDDER'S RESPONSIBILITY AND ENTITLEMENT TO AWARD. OUR OFFICE HAS CONSISTENTLY TAKEN THE POSITION THAT THE DETERMINATION OF A FIRM'S RESPONSIBILITY, WHICH ENCOMPASSES ITS CAPABILITY TO PERFORM, IS A CONTRACTING OFFICER RESPONSIBILITY WHICH IS NOT SUBJECT TO OBJECTION BY OUR OFFICE ABSENT A SHOWING OF BAD FAITH OR LACK OF SUBSTANTIAL BASIS FOR THE DETERMINATION. NO SUCH SHOWING HAS BEEN MADE IN THIS CASE AND, CONSEQUENTLY, NO BASIS EXISTS FOR LEGAL OBJECTION BY OUR OFFICE.

ACCORDINGLY, THE PROTEST IS DENIED.