Protest of Defense Logistics Agency Proposed Contract Award

B-208176: Jul 19, 1982

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A firm protested the proposed award of a contract and contended that the awardee should be considered ineligible for award of any contract because it had not performed responsibly under identical Government contracts. The protester contended that the awardee was unable to timely and effectively perform its contracts on this item. An awardee's ability to perform a contract is a matter of the firm's responsibility upon which a contracting officer must make an affirmative determination before he can make the award. GAO will not review a protest against an affirmative determination of responsibility unless there is a showing of fraud or bad faith on the part of procuring officials, or the solicitation contains definitive responsibility criteria which allegedly have not been applied. Neither exception applied in this case. Accordingly, the protest was dismissed.