B-182314, NOV 11, 1974

B-182314: Nov 11, 1974

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SINCE RESPONSIBILITY DETERMINATIONS ESSENTIALLY INVOLVE MATTERS OF BUSINESS JUDGMENT AND ARE NOT READILY SUSCEPTIBLE TO REASONED REVIEW. BID PROTESTS BASED ON CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY WILL NOT BE REVIEWED IN ABSENCE OF ACTIONS TANTAMOUNT TO FRAUD. INC.: THE SUBJECT PROTESTS ARE AGAINST THE AWARD OF A CONTRACT TO ELECTRO SPRAY. SINCE THESE ALLEGED DEFICIENCIES ARE ALL FACTORS IN A DETERMINATION OF A PROPOSED CONTRACTOR'S RESPONSIBILITY. THE PROTESTERS ARE. SINCE RESPONSIBILITY DETERMINATIONS ESSENTIALLY INVOLVE MATTERS OF BUSINESS JUDGMENT AND ARE NOT READILY SUSCEPTIBLE TO REASONED REVIEW. SINCE THE PARTIES HAVE NEITHER ALLEGED NOR DEMONSTRATED THE EXISTENCE OF FRAUD.

B-182314, NOV 11, 1974

SINCE RESPONSIBILITY DETERMINATIONS ESSENTIALLY INVOLVE MATTERS OF BUSINESS JUDGMENT AND ARE NOT READILY SUSCEPTIBLE TO REASONED REVIEW, BID PROTESTS BASED ON CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY WILL NOT BE REVIEWED IN ABSENCE OF ACTIONS TANTAMOUNT TO FRAUD.

KENNETH JOHNSON COMPANY, INC .:

WILSON & HAMPTON PAINTING CONTRACTORS, INC.:

THE SUBJECT PROTESTS ARE AGAINST THE AWARD OF A CONTRACT TO ELECTRO SPRAY, INC., UNDER SOLICITATION GS-09-DP-(P)-502, ISSUED BY THE GENERAL SERVICES ADMINISTRATION.

THE BASIS FOR THE PROTESTS TOTALLY CONCERNS ELECTRO SPRAY'S SUPPOSED LACK OF EXPERIENCE, MANPOWER AND FACILITIES FOR THE PERFORMANCE OF THE CONTRACT. SINCE THESE ALLEGED DEFICIENCIES ARE ALL FACTORS IN A DETERMINATION OF A PROPOSED CONTRACTOR'S RESPONSIBILITY, THE PROTESTERS ARE, IN ESSENCE, CHALLENGING THE RESPONSIBILITY OF ELECTRO SPRAY.

IN MATTER OF CENTRAL METAL PRODUCTS, INCORPORATED, B-181724, JULY 26, 1974, 54 COMP. GEN. , WE INDICATED THAT, SINCE RESPONSIBILITY DETERMINATIONS ESSENTIALLY INVOLVE MATTERS OF BUSINESS JUDGMENT AND ARE NOT READILY SUSCEPTIBLE TO REASONED REVIEW, OUR OFFICE HAS DISCONTINUED ITS PRACTICE OF REVIEWING BID PROTESTS BASED ON THE CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY IN THE ABSENCE OF ACTION BY PROCUREMENT OFFICIALS TANTAMOUNT TO FRAUD. SEE, ALSO, MATTER OF UNITED HATTERS, CAP AND MILLINERY WORKERS INTERNATIONAL UNION, B 177512, JUNE 7, 1974, 53 COMP. GEN. .

SINCE THE PARTIES HAVE NEITHER ALLEGED NOR DEMONSTRATED THE EXISTENCE OF FRAUD, WE MUST DECLINE TO FURTHER CONSIDER THE MATTER. HOWEVER, THE CONTENTION REGARDING ELECTRO SPRAY'S RESPONSIBILITY HAS BEEN FURNISHED TO THE PROCUREMENT AGENCY FOR ITS CONSIDERATION IN MAKING AN AWARD.