B-246472, Nov 4, 1991

B-246472: Nov 4, 1991

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

We dismiss the protest because the protester is essentially challenging the awardee's ability to perform the contract. A matter bidder or offeror is capable of performing a contract is based. On subjective judgments which generally are not susceptible to reasoned review. An agency's affirmative determination of a contractor's responsibility will not be reviewed by our Office absent a showing of possible fraud or bad faith on the part of procurement officials. Or that definitive responsibility criteria in the solicitation may have been misapplied. 4 C.F.R. There is no showing of possible fraud or bad faith. Or that the definitive responsibility criteria have been misapplied. We have no basis to review the protest.

B-246472, Nov 4, 1991

PRECIS-UNAVAILABLE

Alaska Industrial Resources, Inc.:

Alaska Industrial Resources, Inc. protests the award of a contract to Myhres Exploration Products under solicitation No. 1-022 issued by the Department of the Interior.

We dismiss the protest because the protester is essentially challenging the awardee's ability to perform the contract, a matter bidder or offeror is capable of performing a contract is based, in large measure, on subjective judgments which generally are not susceptible to reasoned review. Thus, an agency's affirmative determination of a contractor's responsibility will not be reviewed by our Office absent a showing of possible fraud or bad faith on the part of procurement officials, or that definitive responsibility criteria in the solicitation may have been misapplied. 4 C.F.R. Sec. 21.3(m)(5)] as here, there is no showing of possible fraud or bad faith, or that the definitive responsibility criteria have been misapplied, we have no basis to review the protest.

In addition, we dismiss the protest as untimely because it also challenges an alleged impropriety in the solicitation-- that more restrictive specifications should have been required-- that should have been protested before the initial closing date for submission of quotes.

Our Bid Protest Regulations contain strict rules requiring timely submission of protests. These rules specifically require that protests based upon alleged improprieties in a solicitation which are apparent prior to the closing date for receipt to initial proposals must be filed prior to the closing time. 4 C.F.R. Sec. 2l.2(a)(1); Englehard Corp., B-237824, Mar. 23, 1990, 90-1 CPD Para. 324.

These timeliness rules reflect the dual requirements of giving parties a fair opportunity to present their cases and resolving protests expeditiously without unduly disrupting or delaying the procurement process. Air INC.-- Request for Recon., B-238220.2, Jan. 29, 1990, 90-1 CPD Para. 129. In order to prevent these rules from becoming meaningless, exceptions are strictly construed and rarely used. Id.