B-198092, MAR 31, 1980

B-198092, MAR 31, 1980

DIGEST: 1. THERE IS NO LEGAL BASIS TO PRECLUDE OR DISTURB CONTRACT AWARD MERELY BECAUSE LOW BIDDER SUBMITS MUCH LOWER BID THAN PROTESTER. 2. GAO DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN CASES OF FRAUD OR MISAPPLICATION OF DEFINITIVE RESPONSIBILITY CRITERIA SET FORTH IN SOLICITATION.

RICHY'S PROTOTYPE SHEETMETAL:

RICHY'S PROTOTYPE SHEETMETAL (RICHY) PROTESTS THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY, TOBYHANNA ARMY DEPOT (ARMY), TO RAMSAY PRODUCTS INC. (RAMSAY) UNDER SOLICITATION NO. DAAG38-80-B-0033. RICHY, THE SECOND LOW BIDDER, ALLEGES THAT RAMSAY'S BID IS UNREASONABLY LOW, THEREBY RENDERING THE BID NONRESPONSIVE AND RAMSAY NONRESPONSIBLE.

WE HAVE REPEATEDLY HELD THAT A BIDDER'S SUBMISSION OF A BID WHICH A COMPETITOR CONSIDERS TOO LOW DOES NOT CONSTITUTE A LEGAL BASIS FOR PRECLUDING OR DISTURBING A CONTRACT AWARD. COLUMBIA LOOSE-LEAF CORPORATION, B-193659, JANUARY 23, 1979, 79-1 CPD 45; SWEDLOW, INC., B-191629, MAY 8, 1978, 78-1 CPD 45. RAMSAY'S SUBMISSION OF A LOW BID, THEREFORE, DOES NOT RENDER ITS BID NONRESPONSIVE.

AS FOR RAMSAY'S RESPONSIBILITY, THIS OFFICE DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF THE PROCURING OFFICIALS IS ALLEGED OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. COLUMBIA LOOSE-LEAF CORPORATION, SUPRA. NEITHER EXCEPTION IS APPLICABLE HERE.

THE PROTEST IS SUMMARILY DENIED.