B-213809, DEC 12, 1983

B-213809, DEC 12, 1983

DIGEST: PROTEST QUESTIONING WHETHER BIDDERS WILL MEET BUY AMERICAN REQUIREMENTS INVOLVES A CHALLENGE TO A DETERMINATION THAT THE BIDDER IS RESPONSIBLE, WHICH GAO DOES NOT REVIEW IN THE ABSENCE OF A SHOWING OF POSSIBLE FRAUD OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN SOLICITATION WERE MISAPPLIED, CIRCUMSTANCES NOT PRESENT HERE.

AQUA-TROL CORPORATION:

AQUA-TROL CORPORATION PROTESTS AWARD OF A CONTRACT FOR A LAWN SPRINKLER SYSTEM TO THE LOW BIDDER UNDER SOLICITATION NO. 7PR-W 52303/F5/7SB WHICH WAS ISSUED BY THE GENERAL SERVICES ADMINISTRATION. AQUA-TROL CONTENDS THAT THE LOW BIDDER, MASBACK INDUSTRIAL SUPPLY, WILL NOT PROVIDE A DOMESTIC PRODUCT DESPITE THE BUY AMERICAN ACT REPRESENTATIONS IN MASBACK'S BID.

WE DISMISS THE PROTEST.

WHETHER A BIDDER INTENDS OR WILL BE ABLE TO COMPLY WITH CONTRACT OBLIGATIONS, INCLUDING THE BUY AMERICAN PROVISIONS OF THE CONTRACT, IS A MATTER OF RESPONSIBILITY. BEFORE MAKING AN AWARD, THE CONTRACTING OFFICER MUST MAKE AN AFFIRMATIVE DETERMINATION OF THE BIDDER'S RESPONSIBILITY. DO NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY IN THE ABSENCE OF A SHOWING OF POSSIBLE FRAUD OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE MISAPPLIED, CIRCUMSTANCES NOT PRESENT HERE. MCCOTTER MOTORS, INC., B-208176, JULY 19, 1982, 82-2 CPD 58. MOREOVER, WHETHER, UPON AWARD OF THE CONTRACT, THE CONTRACTOR ACTUALLY ADHERES TO CONTRACTUAL REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH WE ALSO DO NOT CONSIDER UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983). NICOLET TECHNOLOGY CORP., B-192895, SEPTEMBER 28, 1978, 78-2 CPD 244. THE PROTEST PROCEDURE IS RESERVED FOR CONSIDERING WHETHER AN AWARD OR A PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS, NOT WITH POST AWARD PERFORMANCE OR ADMINISTRATIVE MATTERS. BECKER INSTRUMENTS & PHOTOGRAPHIC OPTICS, B-185411, JULY 14, 1976, 76-2 CPD 43.

THE PROTEST IS DISMISSED.