Allegations Involving Bidder Responsibility

A company protested any award of a contract to another firm under an Air Force solicitation. The protester contended that: the contractor did not have the financial resources, facilites, or equipment necessary to perform the contract; it did not have any prior experience against which to measure its integrity or ability to perform; it could not perform at its bid prices; and it did not qualify as a maunfacturer or regular dealer under the Walsh-Healey Act. GAO found that most of the allegations were related to affirmative determinations of responsibility which it does not review in the absence of alleged fraud on the part of the procuring officials or when definitive responsibility criteria in the solicitation have allegedly not been applied. It has previously been held that submission of a below-cost bid does not constitute a legal basis for precluding or disturbing a contract award. The status of a bidder under the Walsh-Healey Act is a matter for the contracting agency's determination, subject to review by the Small Business Administration, when a small business is involved, and by the Secretary of Labor. Accordingly, the protest was dismissed.