B-201621, FEB 9, 1981

B-201621: Feb 9, 1981

Additional Materials:

Contact:

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

 

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

DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT SHOWING OF FRAUD BY PROCURING OFFICIALS OR THAT SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH HAVE NOT BEEN APPLIED. ALLISON ALLEGES THAT AWARD WAS IMPROPER BECAUSE HONEYCUTT DID NOT HAVE THE NECESSARY LICENSES AND PERMITS FROM THE INTERSTATE COMMERCE COMMISSION AND THE ARKANSAS TRANSPORTATION COMMISSION PRIOR TO AWARD OF THE CONTRACT AS REQUIRED BY THE SOLICITATION. WHICH WAS INCORPORATED BY REFERENCE INTO THE SOLICITATION AND STATES AS FOLLOWS: "LICENSES AND PERMITS *** OFFERORS WITHOUT NECESSARY OPERATING AUTHORITY MAY SUBMIT OFFERS. WE HAVE HELD THAT THE REQUIREMENT FOR INTERSTATE AND INTRASTATE OPERATING RIGHTS IS PROPERLY A MATTER OF RESPONSIBILITY.

B-201621, FEB 9, 1981

DIGEST: GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT SHOWING OF FRAUD BY PROCURING OFFICIALS OR THAT SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH HAVE NOT BEEN APPLIED.

ALLISON-HILLIARD VAN & STORAGE:

ALLISON-HILLIARD VAN & STORAGE (ALLISON) HAS PROTESTED THE AWARD OF A CONTRACT TO HONEYCUTT MOVING & STORAGE (HONEYCUTT) BY LITTLE ROCK AIR FORCE BASE UNDER INVITATION FOR BIDS NO. F03602-80-B0071. ALLISON ALLEGES THAT AWARD WAS IMPROPER BECAUSE HONEYCUTT DID NOT HAVE THE NECESSARY LICENSES AND PERMITS FROM THE INTERSTATE COMMERCE COMMISSION AND THE ARKANSAS TRANSPORTATION COMMISSION PRIOR TO AWARD OF THE CONTRACT AS REQUIRED BY THE SOLICITATION.

IN SUPPORT OF ITS PROTEST, ALLISON REFERS TO DEFENSE ACQUISITION REGULATION (DAR) SEC. 7-2003.77 (1976 ED.), WHICH WAS INCORPORATED BY REFERENCE INTO THE SOLICITATION AND STATES AS FOLLOWS:

"LICENSES AND PERMITS ***

OFFERORS WITHOUT NECESSARY OPERATING AUTHORITY MAY SUBMIT OFFERS, BUT THE OFFERORS SHALL, WITHOUT ADDITIONAL EXPENSE TO THE GOVERNMENT, BE RESPONSIBLE FOR OBTAINING ANY NECESSARY LICENSES AND PERMITS PRIOR TO AWARD OF A RESULTANT CONTRACT AND FOR COMPLYING WITH ALL LAWS, ORDINANCES, STATUTES AND REGULATIONS IN CONNECTION WITH THE FURNISHING OF THE SERVICES HEREIN."

WE HAVE HELD THAT THE REQUIREMENT FOR INTERSTATE AND INTRASTATE OPERATING RIGHTS IS PROPERLY A MATTER OF RESPONSIBILITY. SEE 47 COMP.GEN. 539 (1968); MINORITY TRUCKING-TRANSPORTATION DEVELOPMENT CORPORATION; WARD SMITH TRANSFER & STORAGE COMPANY, B-191231, AUGUST 15, 1978, 78-2 CPD 118. BY AWARDING THE CONTRACT, THE CONTRACTING OFFICER NECESSARILY DETERMINED HONEYCUTT TO BE RESPONSIBLE EITHER EXPLICITLY OR, AT LEAST, IMPLICITLY. OUR OFFICE DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT A SHOWING OF FRAUD ON THE PART OF THE PROCURING OFFICIALS OR THAT THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH HAVE NOT BEEN APPLIED. PLANNED SYSTEMS INTERNATIONAL, INC., B-200860, NOVEMBER 7, 1980, 80-2 CPD 348.

HERE, THERE IS NO ALLEGATION OR SHOWING THAT THE RESPONSIBILITY DETERMINATION WAS THE RESULT OF FRAUD OR THAT THE SOLICITATION PROVISION AT ISSUE CONSTITUTED A DEFINITIVE CRITERIA WHICH WERE NOT APPLIED. SEE VERNON MOVING & STORAGE COMPANY, B-198644, OCTOBER 9, 1980, 80-2 CPD 262; MCNAMARA-LUNZ VANS & WAREHOUSES, INC., B-185803, JULY 8, 1976, 76-2 CPD 20.

ACCORDINGLY, THE PROTEST IS DISMISSED.