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[Protest of GPO Nonresponsibility Determination]

B-213619 Published: Feb 13, 1984. Publicly Released: Feb 13, 1984.
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Highlights

A firm protested the Government Printing Office's determination that it was nonresponsible and ineligible for a contract award for microfiche production. In addition, it charged that the invitation for bids (IFB), which required that performance begin 1 week after bid opening was unnecessarily restrictive of competition. During a preaward survey, the contracting officer determined that the protester would not be able to produce microfiche in accordance with the specifications due to an order backlog and impending move. The protester argued that the contracting officer should have examined its financial position also, and it contended that the agency should have allowed it a reasonable period of time in which to achieve the capability to perform the required amount of work. The protester's complaint about the short time period between bid opening and start of performance was untimely. This alleged impropriety should have been apparent on the face of the IFB and a protest on such a basis must be filed prior to bid opening. Further, GAO will not disturb a contracting officer's nonresponsibility determination unless it was made in bad faith or lacked a reasonable basis, and neither situation applied to this case. In addition, GAO found that it was not necessary for the preaward survey team to evaluate the financial capacity of the protester since a negative finding was justified on the basis of the inability of the firm to perform in accord with the specifications. Finally, GAO found that the requirement that a proposed contractor have all the necessary equipment and personnel to perform the work at the time of the preaward survey was reasonable. Accordingly, the protest was dismissed in part and denied in part.

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Bid rejection protestsBidder responsibilityDelivery termsPreaward surveyService contractsUntimely protests