B-209915, DEC 22, 1982

B-209915: Dec 22, 1982

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DIGEST: GAO WILL NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES WHICH HAVE NOT BEEN ALLEGED BY THE PROTESTER. HAVE BEEN FOUND RESPONSIBLE BY THE NAVY BECAUSE AN OWNER OF AN ALLEGED 50 PERCENT OF THE JOINT VENTURE HAS BEEN ACCUSED OF VIOLATIONS OF THE CALIFORNIA BUSINESS AND PROFESSIONAL CODE. OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET.

B-209915, DEC 22, 1982

DIGEST: GAO WILL NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES WHICH HAVE NOT BEEN ALLEGED BY THE PROTESTER.

CARDINAL MOVING & STORAGE INC.:

CARDINAL MOVING & STORAGE, INC. (CARDINAL), PROTESTS AWARD OF CONTRACT NO. N00228-82-D-6049 UNDER INVITATION FOR BIDS (IFB) NO. N00228-82-B-8175 BY THE DEPARTMENT OF THE NAVY (NAVY) TO A JOINT VENTURE OF COTA TRANSFER AND STORAGE, TUCKER VAN & STORAGE, AND FRONTIER VAN AND STORAGE. CARDINAL CONTENDS, IN EFFECT, THAT THE JOINT VENTURE LACKS INTEGRITY AND SHOULD NOT, THEREFORE, HAVE BEEN FOUND RESPONSIBLE BY THE NAVY BECAUSE AN OWNER OF AN ALLEGED 50 PERCENT OF THE JOINT VENTURE HAS BEEN ACCUSED OF VIOLATIONS OF THE CALIFORNIA BUSINESS AND PROFESSIONAL CODE.

WE DISMISS THE PROTEST.

THIS ALLEGATION CONSTITUTES A CHALLENGE TO THE CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY OF THE JOINT VENTURE AS EVIDENCED BY AWARD OF THE CONTRACT. OUR OFFICE DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY 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. JENKINS EQUIPMENT CO., INC., B-207512, JUNE 2, 1982, 82-1 CPD 531. CARDINAL DOES NOT ALLEGE FRAUDULENT ACTS OR BAD FAITH AND THE ALLEGATIONS DO NOT INVOLVE DEFINITIVE RESPONSIBILITY CRITERIA.