B-211899, JUN 27, 1983
Highlights
TECOM CONTENDS THAT THE AIR FORCE SHOULD HAVE DETERMINED LEAR SIEGLER'S BID TO BE NONRESPONSIVE BECAUSE LEAR-SIEGLER FAILED TO SUBMIT A QUALITY CONTROL PROGRAM WITH ITS BID AS REQUIRED BY THE IFB. WE HAVE HELD THAT WHILE INFORMATION AS TO HOW BIDDERS PROPOSE TO COMPLY WITH QUALITY CONTROL REQUIREMENTS FOR SERVICES MAY BE REQUIRED UNDER AN IFB TO DETERMINE A BIDDER'S RESPONSIBILITY. THIS IS SO REGARDLESS OF SOLICITATION LANGUAGE REQUIRING INCLUSION OF THE INFORMATION FOR THE BID TO BE RESPONSIVE. WE CONCLUDE THAT THE AIR FORCE CORRECTLY DETERMINED THAT LEAR-SIEGLER'S BID WAS NOT NONRESPONSIVE BECAUSE LEAR-SIEGLER FAILED TO SUBMIT A QUALITY CONTROL PROGRAM WITH ITS BID. THE PROTEST IS SUMMARILY DENIED.
B-211899, JUN 27, 1983
DIGEST: WHILE INFORMATION AS TO HOW BIDDERS PROPOSE TO COMPLY WITH QUALITY CONTROL REQUIREMENTS FOR SERVICES MAY BE REQUIRED UNDER AN IFB TO DETERMINE A BIDDER'S RESPONSIBILITY, IT COULD NOT BE REQUIRED FOR PURPOSE OF MAKING A RESPONSIVENESS DETERMINATION, REGARDLESS OF SOLICITATION LANGUAGE TO THAT EFFECT. AGENCY THUS CORRECTLY DETERMINED THAT BIDDER'S FAILURE TO SUBMIT A QUALITY CONTROL PROGRAM WITH ITS BID DID NOT MAKE THE BID NONRESPONSIVE.
TECOM INCORPORATED:
TECOM INCORPORATED (TECOM) PROTESTS THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. F02600-83-B0009 BY THE DEPARTMENT OF THE AIR FORCE TO LEAR-SIEGLER, INC. (LEAR-SIEGLER), FOR IN-FLIGHT SYSTEM CONSOLE OPERATIONS.
WE SUMMARILY DENY THE PROTEST.
TECOM CONTENDS THAT THE AIR FORCE SHOULD HAVE DETERMINED LEAR SIEGLER'S BID TO BE NONRESPONSIVE BECAUSE LEAR-SIEGLER FAILED TO SUBMIT A QUALITY CONTROL PROGRAM WITH ITS BID AS REQUIRED BY THE IFB.
WE HAVE HELD THAT WHILE INFORMATION AS TO HOW BIDDERS PROPOSE TO COMPLY WITH QUALITY CONTROL REQUIREMENTS FOR SERVICES MAY BE REQUIRED UNDER AN IFB TO DETERMINE A BIDDER'S RESPONSIBILITY, SUCH INFORMATION MAY NOT BE REQUIRED FOR THE PURPOSE OF MAKING A RESPONSIVENESS DETERMINATION. LAPTEFF ASSOCIATES, MARTEL LABORATORIES, INC., KAPPE ASSOCIATES, INC., B-196914, B-196914.2, B-197914, AUGUST 20, 1980, 80-2 CPD 135, AFFIRMED ON RECONSIDERATION, 60 COMP.GEN. 28 (1980), 80-2 CPD 272. THIS IS SO REGARDLESS OF SOLICITATION LANGUAGE REQUIRING INCLUSION OF THE INFORMATION FOR THE BID TO BE RESPONSIVE, BECAUSE A CONTRACTING AGENCY CANNOT MAKE A MATTER OF RESPONSIBILITY INTO ONE OF RESPONSIVENESS BY THE TERMS OF THE SOLICITATION. NATIONAL ENERGY RESOURCES, INC., B-206275, FEBRUARY 1, 1983, 83-1 CPD 108. IN FACT, INFORMATION BEARING ON BIDDER RESPONSIBILITY MAY BE FURNISHED AFTER BID OPENING UP TO THE TIME OF CONTRACT AWARD. DUNHAM TRANSFER AND STORAGE, B-210591, MARCH 8, 1983, 83-1 CPD 236. THUS, WE CONCLUDE THAT THE AIR FORCE CORRECTLY DETERMINED THAT LEAR-SIEGLER'S BID WAS NOT NONRESPONSIVE BECAUSE LEAR-SIEGLER FAILED TO SUBMIT A QUALITY CONTROL PROGRAM WITH ITS BID.
THE PROTEST IS SUMMARILY DENIED.