B-216659, OCT 15, 1984, 84-2 CPD 409
Highlights
CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: ASSERTION THAT A COMPETITOR CANNOT MEET THE SPECIFICATIONS OR THE DELIVERY SCHEDULES IS A CHALLENGE TO A DETERMINATION THAT THE COMPETITOR IS RESPONSIBLE. FLUID STATES THAT IT IS THE ONLY COMPANY THAT CAN MEET THE SPECIFICATIONS AND THE DELIVERY SCHEDULES. FOR THAT REASON WE DO NOT CONSIDER PROTESTS AGAINST AN AFFIRMATIVE RESPONSIBILITY DETERMINATION UNLESS THERE IS A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS OR OF A POSSIBLE FAILURE OF CONTRACTING OFFICIALS TO PROPERLY APPLY DEFINITIVE CRITERIA CONTAINED IN THE SOLICITATION AGAINST WHICH RESPONSIBILITY WAS TO BE DETERMINED.
B-216659, OCT 15, 1984, 84-2 CPD 409
CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: ASSERTION THAT A COMPETITOR CANNOT MEET THE SPECIFICATIONS OR THE DELIVERY SCHEDULES IS A CHALLENGE TO A DETERMINATION THAT THE COMPETITOR IS RESPONSIBLE. GAO DOES NOT REVIEW SUCH DETERMINATIONS EXCEPT IN CIRCUMSTANCES NOT PRESENT HERE.
FLUID SYSTEMS DIVISION, UOP INC.:
FLUID SYSTEMS DIVISION, UOP INC., PROTESTS AWARD OF A CONTRACT TO ANOTHER COMPANY UNDER REQUEST FOR PROPOSALS NO. DAAJ10-84-R-046 ISSUED BY THE DEPARTMENT OF THE ARMY. FLUID STATES THAT IT IS THE ONLY COMPANY THAT CAN MEET THE SPECIFICATIONS AND THE DELIVERY SCHEDULES.
THE PROTEST REPRESENTS A CHALLENGE TO THE RESPONSIBILITY OF THE AWARDEE. RESPONSIBILITY DETERMINATIONS REFLECT THE SUBJECTIVE BUSINESS JUDGMENT OF CONTRACTING OFFICIALS, AND FOR THAT REASON WE DO NOT CONSIDER PROTESTS AGAINST AN AFFIRMATIVE RESPONSIBILITY DETERMINATION UNLESS THERE IS A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS OR OF A POSSIBLE FAILURE OF CONTRACTING OFFICIALS TO PROPERLY APPLY DEFINITIVE CRITERIA CONTAINED IN THE SOLICITATION AGAINST WHICH RESPONSIBILITY WAS TO BE DETERMINED. THE RAYMOND CORP., B-215282, MAY 29, 1984, 84-1 CPD PARA. 583. NEITHER EXCEPTION APPLIES HERE.
THE PROTEST IS DISMISSED.