B-225640, JAN 21, 1987, 87-1 CPD 78
Highlights
AN OFFEROR'S ABILITY TO MEET ITS CONTRACTUAL OBLIGATIONS AT THE PRICE OFFERED IS A MATTER OF THE FIRM'S RESPONSIBILITY FOR THE CONTRACTING AGENCY TO DETERMINE BEFORE AWARD. GENERAL ACCOUNTING OFFICE WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION IN THAT RESPECT EXCEPT IN LIMITED CIRCUMSTANCES. PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT ADMINISTRATION - CONTRACT TERMS - COMPLIANCE - GAO REVIEW 2.WHETHER AN AWARDEE'S DELIVERED EQUIPMENT ACTUALLY CONFORMS TO THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE RESPONSIBILITY OF THE CONTRACTING AGENCY. THE PROTESTER SUGGESTS THAT ELTECH THEREFORE WILL NOT BE ABLE TO FURNISH THE ITEMS AT THE CONTRACT PRICE. AN OFFEROR'S ABILITY TO MEET ITS CONTRACTUAL OBLIGATION AT THE PRICE OFFERED IS A MATTER OF THE FIRM'S RESPONSIBILITY.
B-225640, JAN 21, 1987, 87-1 CPD 78
PROCUREMENT - CONTRACTOR QUALIFICATION - RESPONSIBILITY - CONTRACTING OFFICER FINDINGS - AFFIRMATIVE DETERMINATION - GAO REVIEW DIGEST: 1. AN OFFEROR'S ABILITY TO MEET ITS CONTRACTUAL OBLIGATIONS AT THE PRICE OFFERED IS A MATTER OF THE FIRM'S RESPONSIBILITY FOR THE CONTRACTING AGENCY TO DETERMINE BEFORE AWARD, AND GENERAL ACCOUNTING OFFICE WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION IN THAT RESPECT EXCEPT IN LIMITED CIRCUMSTANCES. PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT ADMINISTRATION - CONTRACT TERMS - COMPLIANCE - GAO REVIEW 2.WHETHER AN AWARDEE'S DELIVERED EQUIPMENT ACTUALLY CONFORMS TO THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE RESPONSIBILITY OF THE CONTRACTING AGENCY, NOT THE GENERAL ACCOUNTING OFFICE'S BID PROTEST FUNCTION.
CORE INTERNATIONAL, INC.:
CORE INTERNATIONAL, INC., PROTESTS THE AWARD OF A CONTRACT TO ELTECH RESEARCH UNDER DEPARTMENT OF THE NAVY SOLICITATION NO. N00140-87-R-9025 FOR PERIPHERAL DEVICES AND SOFTWARE FOR MICROCOMPUTER SYSTEMS. CORE STATES IT HAS BEEN ADVISED THAT ELTECH OFFERED CORE PRODUCTS FOR TWO SOLICITATION LINE ITEMS AT PRICES MUCH LOWER THAN THE BEST ONES AVAILABLE FROM CORE'S DEALERS. THE PROTESTER SUGGESTS THAT ELTECH THEREFORE WILL NOT BE ABLE TO FURNISH THE ITEMS AT THE CONTRACT PRICE, AND THAT ELTECH THEREFORE PROBABLY INTENDS TO PROVIDE OTHER THAN CORE PRODUCTS.
WE DISMISS THE PROTEST.
AN OFFEROR'S ABILITY TO MEET ITS CONTRACTUAL OBLIGATION AT THE PRICE OFFERED IS A MATTER OF THE FIRM'S RESPONSIBILITY. PETERSON & ASSOCIATES, B-223472, SEPT. 18, 1986, 86-2 CPD PARA. 319. BEFORE AWARDING ANY CONTRACT, THE PROCURING AGENCY MUST DETERMINE THAT THE OFFEROR IS A RESPONSIBLE CONCERN.
SEE FEDERAL ACQUISITION REGULATION, 48 C.F.R. SEC. 9.103(B) (1985). OUR OFFICE DOES NOT REVIEW A PROTEST OF AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT IT WAS MADE FRAUDULENTLY OR THAT DEFINITIVE RESPONSIBILITY CRITERIA SET OUT IN THE SOLICITATION WERE NOT MET. 4 C.F.R. SEC. 21.3(F)(5) (1986). NEITHER EXCEPTION APPLIES HERE.
MOREOVER, WHETHER THE EQUIPMENT ELTECH ACTUALLY DELIVERS COMPLIES WITH THE OBLIGATION THAT RESULTS FROM THE AWARD INVOLVES A MATTER OF CONTRACT ADMINISTRATION. SEE MOTOROLA COMMUNICATIONS & ELECTRONICS, INC., B-223715, SEPT. 19, 1986, 86-2 CPD PARA. 325. WE DO NOT REVIEW SUCH MATTERS, SINCE THEY ARE THE RESPONSIBILITY OF THE PROCURING AGENCY, NOT OUR OFFICE. 4 C.F.R. SEC. 21.3(F)(1).