B-183397, MAR 21, 1975

B-183397: Mar 21, 1975

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EXCEPT FOR ACTIONS BY PROCUREMENT OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD. NO FRAUD IS ALLEGED. PROTEST IS NOT FOR CONSIDERATION. TELECTRO ALLEGES THAT THE LOW BIDDER IS NOT ABLE TO MEET THE DELIVERY REQUIREMENTS BECAUSE OF ITS CURRENT PRODUCTION POSTURE AND FINANCIAL POSITION. THE DETERMINATION OF RESPONSIBILITY IS LARGELY WITHIN THE DISCRETION OF THE PROCUREMENT OFFICIALS WHO MUST BEAR ANY DIFFICULTIES EXPERIENCED BY REASON OF A CONTRACTOR'S NONRESPONSIBILITY. THE PROTEST IS NOT FOR CONSIDERATION BY OUR OFFICE. A COPY OF THE PROTEST HAS BEEN FORWARDED TO THE CONTRACTING AGENCY AND IT IS ASSUMED THAT THE AGENCY WILL CONSIDER THE ALLEGATION IN THE RESPONSIBILITY DETERMINATION OF THE LOW BIDDER.

B-183397, MAR 21, 1975

SINCE PRACTICE OF REVIEWING BID PROTESTS OF CONTRACTING OFFICER'S AFFIRMATIVE RESPONSIBILITY DETERMINATION HAS BEEN DISCONTINUED, EXCEPT FOR ACTIONS BY PROCUREMENT OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD, AND NO FRAUD IS ALLEGED, PROTEST IS NOT FOR CONSIDERATION.

TELECTRO SYSTEMS CORP.:

TELECTRO SYSTEMS CORP. (TELECTRO) PROTESTS THE AWARD OF A CONTRACT TO THE LOW BIDDER UNDER INVITATION FOR BIDS NO. DAHC07-75-B-0001 ISSUED BY THE DEPARTMENT OF THE ARMY. TELECTRO ALLEGES THAT THE LOW BIDDER IS NOT ABLE TO MEET THE DELIVERY REQUIREMENTS BECAUSE OF ITS CURRENT PRODUCTION POSTURE AND FINANCIAL POSITION. THESE ALLEGATIONS, IN EFFECT, CONSTITUTE A CHALLENGE TO THE LOW BIDDER'S RESPONSIBILITY.

OUR OFFICE HAS DISCONTINUED THE PRACTICE OF REVIEWING BID PROTESTS INVOLVING A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY OF A PROSPECTIVE CONTRACTOR. THE DETERMINATION OF RESPONSIBILITY IS LARGELY WITHIN THE DISCRETION OF THE PROCUREMENT OFFICIALS WHO MUST BEAR ANY DIFFICULTIES EXPERIENCED BY REASON OF A CONTRACTOR'S NONRESPONSIBILITY. IF THE CONTRACTING OFFICER FINDS THE LOW BIDDER RESPONSIBLE, WE DO NOT BELIEVE THE FINDING SHOULD BE DISTURBED ABSENT A SHOWING OF FRAUD. MATTER OF EASTERN HOME BUILDERS AND DEVELOPERS, INC., B-182218, NOVEMBER 29, 1974.

ACCORDINGLY, THE PROTEST IS NOT FOR CONSIDERATION BY OUR OFFICE. HOWEVER, A COPY OF THE PROTEST HAS BEEN FORWARDED TO THE CONTRACTING AGENCY AND IT IS ASSUMED THAT THE AGENCY WILL CONSIDER THE ALLEGATION IN THE RESPONSIBILITY DETERMINATION OF THE LOW BIDDER.