B-215641, JUL 20, 1984, 84-2 CPD 75
Highlights
KELLY CONTENDS ESSENTIALLY THAT QUALITY WILL NOT BE ABLE TO PERFORM THE CONTRACT BECAUSE IT DOES NOT HAVE THE NECESSARY EQUIPMENT. THE CONTRACTING OFFICER MUST DETERMINE THAT A PROSPECTIVE CONTRACTOR IS RESPONSIBLE. OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET. NEITHER EXCEPTION IS APPLICABLE HERE.
B-215641, JUL 20, 1984, 84-2 CPD 75
CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: GAO DOES NOT REVIEW CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES NOT APPLICABLE HERE.
KELLY & ASSOCIATES:
KELLY & ASSOCIATES (KELLY) PROTESTS THE AWARD OF A CONTRACT TO QUALITY CONTROL (QUALITY) UNDER INVITATION FOR BIDS NO. N62470-83-B 6474 ISSUED BY NORFOLK NAVY SHIPYARD, PORTSMOUTH, VIRGINIA. KELLY CONTENDS ESSENTIALLY THAT QUALITY WILL NOT BE ABLE TO PERFORM THE CONTRACT BECAUSE IT DOES NOT HAVE THE NECESSARY EQUIPMENT, FACILITIES AND QUALIFIED PERSONNEL.
WE DISMISS THE PROTEST.
KELLY'S ALLEGATIONS CONSTITUTE A CHALLENGE TO THE RESPONSIBILITY OF QUALITY AS A CONTRACTOR. BEFORE AWARDING A CONTRACT, THE CONTRACTING OFFICER MUST DETERMINE THAT A PROSPECTIVE CONTRACTOR IS RESPONSIBLE. OUR OFFICE DOES NOT REVIEW THE 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. CARDINAL MOVING & STORAGE, INC., B-209915, DEC. 22, 1982, 83-1 CPD PARA. 2. NEITHER EXCEPTION IS APPLICABLE HERE.