B-183917, JUN 26, 1975

B-183917: Jun 26, 1975

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PROTEST THAT CONTRACTOR IS NONRESPONSIBLE BECAUSE OF INABILITY TO MEET DELIVERY SCHEDULE WILL NOT BE CONSIDERED SINCE PRACTICE OF REVIEWING PROTESTS AGAINST CONTRACTING OFFICER'S AFFIRMATIVE RESPONSIBILITY DETERMINATION HAS BEEN DISCONTINUED. EXCEPT FOR ACTIONS BY PROCUREMENT OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD. ALTHOUGH BAILEY INITIALLY WAS ADVISED BY OUR OFFICE THAT THE MATTER WOULD BE DEVELOPED WITH THE CONTRACTING ACTIVITY. UPON FURTHER REVIEW IT APPEARS THAT THE BASIS FOR THE PROTEST IS THE ALLEGATION THAT G.K.S. SINCE THE DETERMINATION IS LARGELY WITHIN THE DISCRETION OF THE PROCUREMENT OFFICIALS WHO MUST BEAR ANY DIFFICULTIES EXPERIENCED BY REASON OF A CONTRACTOR'S NONRESPONSIBILITY.

B-183917, JUN 26, 1975

PROTEST THAT CONTRACTOR IS NONRESPONSIBLE BECAUSE OF INABILITY TO MEET DELIVERY SCHEDULE WILL NOT BE CONSIDERED SINCE PRACTICE OF REVIEWING PROTESTS AGAINST CONTRACTING OFFICER'S AFFIRMATIVE RESPONSIBILITY DETERMINATION HAS BEEN DISCONTINUED, EXCEPT FOR ACTIONS BY PROCUREMENT OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD.

H.N. BAILEY & ASSOCIATES:

H.N. BAILEY & ASSOCIATES (BAILEY) PROTESTS THE AWARD OF A CONTRACT TO G.K.S., INC., UNDER REQUEST FOR PROPOSALS NO. F34601-75-R-1954 BY THE OKLAHOMA CITY AIR LOGISTICS CENTER.

ALTHOUGH BAILEY INITIALLY WAS ADVISED BY OUR OFFICE THAT THE MATTER WOULD BE DEVELOPED WITH THE CONTRACTING ACTIVITY, UPON FURTHER REVIEW IT APPEARS THAT THE BASIS FOR THE PROTEST IS THE ALLEGATION THAT G.K.S., INC., CANNOT MEET THE REQUIRED DELIVERY SCHEDULE, AN ISSUE INVOLVING THE RESPONSIBILITY OF THE OFFEROR.

OUR OFFICE HAS DISCONTINUED THE PRACTICE OF REVIEWING PROTESTS INVOLVING A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF THE RESPONSIBILITY OF A CONTRACTOR, SINCE THE DETERMINATION 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 CONTRACTOR RESPONSIBLE, WE DO NOT BELIEVE THE FINDING SHOULD BE DISTURBED EXCEPT FOR ACTIONS BY PROCUREMENT OFFICIALS WHICH ARE TANTAMOUNT TO FRAUD. UNITED HATTERS, CAP AND MILLINERY WORKERS INTERNATIONAL UNION, 53 COMP. GEN. 931 (1974).

SINCE FRAUD HAS NOT BEEN ALLEGED OR DEMONSTRATED, WE MUST DECLINE TO CONSIDER THE PROTEST UPON ITS MERITS. EXOTECH SYSTEMS, INC., B-181416, NOVEMBER 22, 1974, 54 COMP. GEN. ; MYERS DRUM COMPANY, B-183526, APRIL 18, 1975.