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B-208755, OCT 1, 1982

B-208755 Oct 01, 1982
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NO BASIS EXISTS TO PRECLUDE A CONTRACT AWARD MERELY BECAUSE THE LOW BIDDER MAY HAVE SUBMITTED A BELOW-COST BID. 2. GAO WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES NOT APPLICABLE HERE. ERICSON CONTENDS THAT SAADY & HILL WILL NOT BE ABLE TO MEET THE FEDERAL SPECIFICATION FOR THE EXTENSION LIGHTS AT THE UNIT PRICE BID BY SAADY & HILL. THE QUESTION OF WHETHER THE BIDDER CAN PERFORM THE CONTRACT AT ITS BID PRICE IS A QUESTION WHICH RELATES TO A BIDDER'S RESPONSIBILITY. THE SUBMISSION OF A BELOW COST BID IS NOT A VALID BASIS UPON WHICH TO CHALLENGE AN AWARD. NEITHER WILL A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY BE REVIEWED BY THIS OFFICE ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH.

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B-208755, OCT 1, 1982

DIGEST: 1. NO BASIS EXISTS TO PRECLUDE A CONTRACT AWARD MERELY BECAUSE THE LOW BIDDER MAY HAVE SUBMITTED A BELOW-COST BID. 2. GAO WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES NOT APPLICABLE HERE.

ERICSON MANUFACTURING COMPANY:

ERICSON MANUFACTURING COMPANY (ERICSON) PROTESTS AWARD OF A CONTRACT TO SAADY & HILL OF RICHMOND, VIRGINIA (SAADY & HILL), UNDER INVITATION FOR BIDS (IFB) DLA400-82-B-5991, ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA) FOR VARYING QUANTITIES OF EXTENSION LIGHTS TO BE DELIVERED AT SEVERAL DIFFERENT DEFENSE DEPOTS. WE DISMISS THE PROTEST.

ERICSON CONTENDS THAT SAADY & HILL WILL NOT BE ABLE TO MEET THE FEDERAL SPECIFICATION FOR THE EXTENSION LIGHTS AT THE UNIT PRICE BID BY SAADY & HILL.

THE QUESTION OF WHETHER THE BIDDER CAN PERFORM THE CONTRACT AT ITS BID PRICE IS A QUESTION WHICH RELATES TO A BIDDER'S RESPONSIBILITY. ABSENT A DETERMINATION OF NONRESPONSIBILITY, THE SUBMISSION OF A BELOW COST BID IS NOT A VALID BASIS UPON WHICH TO CHALLENGE AN AWARD. SEE WARFIELD & SANFORD, INC., B-206929, APRIL 20, 1982, 82-1 CPD 365. NEITHER WILL A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY BE REVIEWED BY THIS OFFICE ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH, OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET. SEE J&R CLEANING AND GENERAL MAINTENANCE, B-206280, FEBRUARY 19, 1982, 82-1 CPD 147. ERICSON DOES NOT ALLEGE EITHER EXCEPTION HERE.

WE DISMISS THE PROTEST.

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