Protest Alleging Low Bidder Was Nonresponsive

B-199445.2: Aug 15, 1980

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The second low bidder for the procurement of nine Coast Guard cutters protested any award made to any bidder other than itself. The protester contended that the awardee was nonresponsive, because it failed to meet the requirement in the invitation for bids (IFB) outlining the standards the agency was to use to determine the responsibility of prospective bidders. Thus, the issue was the awardee's responsibility rather than its responsiveness. GAO does not review protests against affirmative determinations of responsibility unless fraud has been alleged on the part of the procuring officials or the IFB contains definitive responsibility criteria which allegedly have not been applied. Accordingly, the protest was dismissed.