B-192400, AUG 4, 1978
Highlights
DIGEST: PROTEST ALLEGING NO OTHER BIDDER CAN MEET SOLICITATION REQUIREMENTS RELATING TO FIRST ARTICLE AND PRODUCTION QUANTITY DELIVERY DATES IS DISMISSED SINCE QUESTION INVOLVES BIDDER RESPONSIBILITY. AFFIRMATIVE DETERMINATIONS OF WHICH ARE NOT REVIEWED BY GAO EXCEPT IN LIMITED CIRCUMSTANCES NOT PRESENT HERE. THE QUESTION OF WHETHER A BIDDER CAN MEET THESE IFB REQUIREMENTS IS A MATTER OF RESPONSIBILITY. OUR OFFICE DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF THE PROCURING OFFICIALS IS ALLEGED. OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. NEITHER EXCEPTION IS APPLICABLE HERE. THE PROTEST IS DISMISSED.
B-192400, AUG 4, 1978
DIGEST: PROTEST ALLEGING NO OTHER BIDDER CAN MEET SOLICITATION REQUIREMENTS RELATING TO FIRST ARTICLE AND PRODUCTION QUANTITY DELIVERY DATES IS DISMISSED SINCE QUESTION INVOLVES BIDDER RESPONSIBILITY, AFFIRMATIVE DETERMINATIONS OF WHICH ARE NOT REVIEWED BY GAO EXCEPT IN LIMITED CIRCUMSTANCES NOT PRESENT HERE.
AIRTRONICS INC.:
AIRTRONICS INC. (AIRTRONICS) PROTESTS THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. N62269-78-B-0326, ISSUED BY THE UNITED STATES NAVY, NAVY DEVELOPMENT AIR CENTER, WARMINSTER, PENNSYLVANIA (NAVY), TO ANY BIDDER OTHER THAN ITSELF. AIRTRONICS CONTENDS THAT NO OTHER BIDDER CAN MEET THE FIRST ARTICLE REQUIREMENT AND THE PRODUCTION QUANTITY DELIVERY DATES.
THE QUESTION OF WHETHER A BIDDER CAN MEET THESE IFB REQUIREMENTS IS A MATTER OF RESPONSIBILITY. SEE, E.G., KINGS POINT MACHINERY, B-181031, AUGUST 2, 1974, 74-2 CPD 74. A CONTRACTING OFFICER'S DECISION TO AWARD A CONTRACT TO A PARTICULAR BIDDER WOULD NECESSARILY INVOLVE AN AFFIRMATIVE DETERMINATION OF THAT BIDDER'S RESPONSIBILITY. OUR OFFICE DOES NOT REVIEW PROTESTS OF AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS FRAUD ON THE PART OF THE PROCURING OFFICIALS IS ALLEGED, OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. CENTRAL METAL PRODUCTS, INC., 54 COMP.GEN. 66 (1974), 74-2 CPD 64. NEITHER EXCEPTION IS APPLICABLE HERE.
THE PROTEST IS DISMISSED.