B-194922, B-194922.2, JUL 30, 1979

B-194922,B-194922.2: Jul 30, 1979

Additional Materials:

Contact:

Ralph O. White
(202) 512-8278
WhiteRO@gao.gov

Kenneth E. Patton
(202) 512-8205
PattonK@gao.gov

 

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

DIGEST: PROTEST AGAINST AWARDEE'S RESPONSIBILITY IS DISMISSED. SINCE GAO WILL NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY EXCEPT IN CIRCUMSTANCES NOT APPLICABLE HERE. THAT THE CONTRACTOR WAS IN ANY EVENT RESPONSIBLE FOR SUPPLYING SUFFICIENT PERSONNEL TO MAINTAIN SATISFACTORY PERFORMANCE. OUR OFFICE WILL NOT REVIEW A PROTEST AGAINST SUCH A DETERMINATION UNLESS EITHER FRAUD ON THE PART OF PROCURING OFFICIALS IS ALLEGED. OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. NEITHER EXCEPTION IS APPLICABLE HERE. WHETHER OR NOT LA MECCANICA NAVALE IN FACT PROVIDES THE STAFF AND FACILITIES NECESSARY TO PERFORM IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION.

B-194922, B-194922.2, JUL 30, 1979

DIGEST: PROTEST AGAINST AWARDEE'S RESPONSIBILITY IS DISMISSED, SINCE GAO WILL NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY EXCEPT IN CIRCUMSTANCES NOT APPLICABLE HERE.

THE CHARLES LOWE COMPANY, REPRESENTING TECNAVAL S.R.L.:

THE CHARLES LOWE COMPANY, REPRESENTING TECNAVAL S.R.L. (TECNAVAL), PROTESTS THE AWARD OF A CONTRACT BY THE NAVAL FACILITIES ENGINEERING COMMAND TO LA MECCANICA NAVALE UNDER SOLICITATION NO. N62745-79-R-0064 FOR THE OPERATION AND MAINTENANCE OF MUSE GENERATORS IN NAPLES, ITALY.

PARAGRAPH C.8 OF THE SOLICITATION REQUIRED THAT AN OFFEROR'S PROPOSAL INCLUDE A MANNING CHART CONTAINING A PERSONNEL STAFFING PLAN, AND A PHASE- IN PLAN DESCRIBING IN DETAIL A SCHEDULE FOR HIRING, TRAINING, AND FULL AND COMPLETE MANNING OF ALL OPERATIONS. THE PARAGRAPH FURTHER PROVIDED THAT THE CONTRACTING OFFICER COULD REQUIRE THE CONTRACTOR TO MEET THE STAFFING LEVEL SHOWN IN THE MANNING CHART IF PERFORMANCE FELL BELOW ACCEPTABLE STANDARDS, AND THAT THE CONTRACTOR WAS IN ANY EVENT RESPONSIBLE FOR SUPPLYING SUFFICIENT PERSONNEL TO MAINTAIN SATISFACTORY PERFORMANCE. TECNAVAL CONTENDS THAT NOTWITHSTANDING ANY REPRESENTATIONS REFLECTED IN THE MANNING CHART SUBMITTED BY LA MECCANICA NAVALE, THE AWARDEE IN FACT LACKS THE QUALIFIED PERSONNEL, AS WELL AS THE ADEQUATE FACILITIES, TO MEET THE CONTRACTUAL REQUIREMENTS.

THE QUESTION OF WHETHER AN OFFEROR HAS THE APPARENT ABILITY TO PERFORM IN ACCORDANCE WITH THE REQUIREMENTS OF A SOLICITATION INVOLVES THE FIRM'S RESPONSIBILITY. DEFENSE ACQUISITION REGULATION (DAR) SECTION 1, PART 9 (1976 ED.). AWARD OF THE CONTRACT TO LA MECCANICA NAVALE NECESSARILY INVOLVED AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY, DAR SEC. 2-407.2 (1976 ED.), AND OUR OFFICE WILL NOT REVIEW A PROTEST AGAINST SUCH A DETERMINATION UNLESS EITHER FRAUD ON THE PART OF PROCURING OFFICIALS IS ALLEGED, OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. MEYERS INDUSTRIES, INC., B-192128, JULY 21, 1978, 78-2 CPD 60. NEITHER EXCEPTION IS APPLICABLE HERE.

FURTHER, WHETHER OR NOT LA MECCANICA NAVALE IN FACT PROVIDES THE STAFF AND FACILITIES NECESSARY TO PERFORM IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION, AND ALSO IS NOT FOR OUR CONSIDERATION.

THE PROTEST IS DISMISSED.