B-193283(2), NOV 9, 1979

B-193283(2): Nov 9, 1979

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USAF: ENCLOSED IS A COPY OF OUR DECISION OF TODAY. WE HAVE DECLINED TO REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ALLEGED TO HAVE BEEN "SO CARELESSLY AND NEGLIGENTLY" MADE THAT IT SHOULD HAVE BEEN CHALLENGED BY OUR OFFICE. WE ARE CONCERNED BY THE APPARENTLY ROUTINE ACCEPTANCE BY BOTH THE PREAWARD SURVEY TEAM AND THE CONTRACTING OFFICER OF A TERM IN A SUPPLIER'S QUOTATION WHICH INDICATED THAT ITEM BEING FURNISHED TO THE CONTRACTOR WAS NOT THE QUALIFIED PRODUCT REQUIRED BY THE SOLICITATION. ONCE THE BID PROTEST WAS FILED. WE BELIEVE THEY SHOULD HAVE INVESTIGATED TO DETERMINE WHETHER THERE WAS ANY MERIT TO THE PROTESTER'S ALLEGATIONS REGARDING THE CONTRACTOR'S RESPONSIBILITY.

B-193283(2), NOV 9, 1979

PRECIS-UNAVAILABLE

LT. GENERAL GERALD J. POST, USAF:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, RECONSIDERING AND AFFIRMING OUR DECISION IN THE MATTER OF AMERICAN ATHLETIC EQUIPMENT DIVISION, AMF INCORPORATED, 58 COMP.GEN. 318 (1979), 79-1 CPD 216.

WE HAVE DECLINED TO REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ALLEGED TO HAVE BEEN "SO CARELESSLY AND NEGLIGENTLY" MADE THAT IT SHOULD HAVE BEEN CHALLENGED BY OUR OFFICE. HOWEVER, WE ARE CONCERNED BY THE APPARENTLY ROUTINE ACCEPTANCE BY BOTH THE PREAWARD SURVEY TEAM AND THE CONTRACTING OFFICER OF A TERM IN A SUPPLIER'S QUOTATION WHICH INDICATED THAT ITEM BEING FURNISHED TO THE CONTRACTOR WAS NOT THE QUALIFIED PRODUCT REQUIRED BY THE SOLICITATION.

WE BELIEVE DEFENSE LOGISTICS AGENCY PROCUREMENT PERSONNEL SHOULD BE ALERT TO AND INQUIRE AS TO THE MEANING OF UNUSUAL TERMS. IN ANY EVENT, ONCE THE BID PROTEST WAS FILED, WE BELIEVE THEY SHOULD HAVE INVESTIGATED TO DETERMINE WHETHER THERE WAS ANY MERIT TO THE PROTESTER'S ALLEGATIONS REGARDING THE CONTRACTOR'S RESPONSIBILITY.

THANK YOU FOR YOUR ATTENTION TO THIS MATTER.