B-214059, JAN 23, 1984
Highlights
DIGEST: PROTEST AGAINST AFFIRMATIVE DETERMINATION OF RESPONSIBILITY IS DISMISSED BECAUSE GAO DOES NOT REVIEW CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT UNDER LIMITED CIRCUMSTANCES NOT APPLICABLE HERE. IS NOT A RESPONSIBLE BIDDER BECAUSE IT WAS DEFAULTED OR HAD PERFORMANCE DIFFICULTIES ON SEVERAL CONTRACTS AND WAS INDICTED FOR FRAUDULENTLY INFLATING WORK UNDER A PRIOR CONTRACT. WHICH IS LARGELY A BUSINESS JUDGMENT. OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET. NEITHER EXCEPTION IS APPLICABLE HERE. THE PROTEST IS DISMISSED.
B-214059, JAN 23, 1984
DIGEST: PROTEST AGAINST AFFIRMATIVE DETERMINATION OF RESPONSIBILITY IS DISMISSED BECAUSE GAO DOES NOT REVIEW CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT UNDER LIMITED CIRCUMSTANCES NOT APPLICABLE HERE.
TRIUMPH UNITED CORPORATION:
TRIUMPH UNITED CORPORATION (TRIUMPH) PROTESTS AGAINST THE AWARD OF A CONTRACT FOR ELEVATOR INSPECTION SERVICES TO UNITED STATES CRANE (USC) UNDER INVITATION FOR BIDS NO. 691-95-84, ISSUED BY THE VETERANS ADMINISTRATION, LOS ANGELES, CALIFORNIA. TRIUMPH CONTENDS THAT U.S.C. IS NOT A RESPONSIBLE BIDDER BECAUSE IT WAS DEFAULTED OR HAD PERFORMANCE DIFFICULTIES ON SEVERAL CONTRACTS AND WAS INDICTED FOR FRAUDULENTLY INFLATING WORK UNDER A PRIOR CONTRACT.
WE DISMISS THE PROTEST.
TRIUMPH'S ALLEGATION CONSTITUTES A CHALLENGE TO THE CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY OF U.S.C. OUR OFFICE DOES NOT REVIEW PROTESTS AGAINST THE CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY, WHICH IS LARGELY A BUSINESS JUDGMENT, 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. CARDINAL MOVING & STORAGE, INC., B-209915, DECEMBER 22, 1982, 83-1 CPD 2. NEITHER EXCEPTION IS APPLICABLE HERE.
THE PROTEST IS DISMISSED.