B-205131, OCT 21, 1981
Highlights
IS NOT FOR REVIEW BY GAO. IS NOT A RESPONSIBLE BIDDER WITHIN THE MEANING OF DEFENSE ACQUISITION REGULATION PART I. OUR OFFICE WILL NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD IS ALLEGED ON THE PART OF PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. NEITHER EXCEPTION IS APPLICABLE HERE AND CONSEQUENTLY WE WILL NOT CONSIDER THIS PROTEST. THE PROTEST IS DISMISSED.
B-205131, OCT 21, 1981
DIGEST: PROTEST OF AFFIRMATIVE DETERMINATION OF RESPONSIBILITY, WHICH DOES NOT ALLEGE FRAUD ON THE PART OF CONTRACTING OFFICER OR FAILURE TO APPLY DEFINITIVE RESPONSIBILITY CRITERIA, IS NOT FOR REVIEW BY GAO.
MCCOTTER MOTORS, INC.:
MCCOTTER MOTORS, INC. PROTESTS THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS NO. F49642-80-B-0064, ISSUED BY THE WASHINGTON AREA CONTRACTING CENTER, ANDREWS AFB, WASHINGTON, D. C.
IN SUPPORT OF ITS PROTEST, MCCOTTER ALLEGES THAT HUST BROTHERS, INC., THE APPARENT LOW BIDDER, IS NOT A RESPONSIBLE BIDDER WITHIN THE MEANING OF DEFENSE ACQUISITION REGULATION PART I, SECTION 9. OUR OFFICE WILL NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD IS ALLEGED ON THE PART OF PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. MICROSURANCE, INC., B-195144.2, JULY 6, 1979, 79-2 CPD 14. NEITHER EXCEPTION IS APPLICABLE HERE AND CONSEQUENTLY WE WILL NOT CONSIDER THIS PROTEST.
THE PROTEST IS DISMISSED.