B-214908, APR 24, 1984
Highlights
GAO GENERALLY WILL NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY. 2. GAO WILL NOT REVIEW MATTER OF CONTRACT ADMINISTRATION. ARVCO CONTENDS THAT VICTORY SHOULD NOT BE AWARDED THE CONTRACT BECAUSE THE CONTAINERS SUPPLIED BY VICTORY UNDER OTHER CONTRACTS DURING THE PAST 2 YEARS HAVE NOT MET FEDERAL SPECIFICATIONS. THAT IS. OUR OFFICE DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF PROCURING OFFICIALS IS ALLEGED OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE BEEN MISAPPLIED. NEITHER EXCEPTION IS APPLICABLE HERE. ACTUALLY FURNISHES CONFORMING CONTAINERS IS A MATTER OF CONTRACT ADMINISTRATION WHICH WILL NOT BE REVIEWED BY THIS OFFICE.
B-214908, APR 24, 1984
DIGEST: 1. GAO GENERALLY WILL NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY. 2. GAO WILL NOT REVIEW MATTER OF CONTRACT ADMINISTRATION.
ARVCO CONTAINERS CORPORATION:
ARVCO CONTAINERS CORPORATION (ARVCO) PROTESTS THE AWARD OF A CONTRACT FOR FIBERBOARD CONTAINERS TO VICTORY CONTAINER CORPORATION (VICTORY), THE LOW BIDDER, UNDER INVITATION FOR BIDS NO. 5FCO-10-84-036 ISSUED BY THE GENERAL SERVICES ADMINISTRATION.
ARVCO CONTENDS THAT VICTORY SHOULD NOT BE AWARDED THE CONTRACT BECAUSE THE CONTAINERS SUPPLIED BY VICTORY UNDER OTHER CONTRACTS DURING THE PAST 2 YEARS HAVE NOT MET FEDERAL SPECIFICATIONS.
WE DISMISS THE PROTEST.
ARVCO'S BASIS OF PROTEST CONSTITUTES A CHALLENGE TO VICTORY'S RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR, THAT IS, A CHALLENGE TO THE FIRM'S ABILITY TO SUPPLY CONTAINERS WHICH CONFORM TO THE SPECIFICATION REQUIREMENTS. PROPPER MANUFACTURING COMPANY, INC., B-206193, FEBRUARY 3, 1982, 82-1 CPD 86; IMBA, INCORPORATED, B-188364; B-187404, NOVEMBER 9, 1977, 77-2 CPD 356.
OUR OFFICE DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF PROCURING OFFICIALS IS ALLEGED OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE BEEN MISAPPLIED. PROPPER MANUFACTURING COMPANY, INC., SUPRA. NEITHER EXCEPTION IS APPLICABLE HERE. MOREOVER, WHETHER VICTORY, IF AWARDED THE CONTRACT, ACTUALLY FURNISHES CONFORMING CONTAINERS IS A MATTER OF CONTRACT ADMINISTRATION WHICH WILL NOT BE REVIEWED BY THIS OFFICE. IMBA, INCORPORATED, SUPRA.