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B-220635, OCT 18, 1985, 85-2 CPD 427

B-220635 Oct 18, 1985
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BIDS - PRICES - BELOW COST - NOT BASIS FOR PRECLUDING AWARD DIGEST: ALLEGATION THAT THE LOW BID WAS BELOW COST DOES NOT PROVIDE A VALID BASIS ON WHICH TO CHALLENGE A CONTRACT AWARD. AN AGENCY'S ACCEPTANCE OF A BELOW-COST BID IS NOT LEGALLY OBJECTIONABLE AND DOES NOT PROVIDE A BASIS UPON WHICH A CONTRACT AWARD MAY BE CHALLENGED. WHETHER A BIDDER WILL BE ABLE TO MEET CONTRACT REQUIREMENTS IN LIGHT OF ITS OFFERED PRICE IS A MATTER OF RESPONSIBILITY TO BE DETERMINED BY THE CONTRACTING OFFICER. OUR OFFICE DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION THAT A FIRM IS RESPONSIBLE ABSENT A SHOWING THAT THE DETERMINATION MAY HAVE BEEN MADE FRAUDULENTLY OR IN BAD FAITH OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET. 4 C.F.R.

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B-220635, OCT 18, 1985, 85-2 CPD 427

BIDS - PRICES - BELOW COST - NOT BASIS FOR PRECLUDING AWARD DIGEST: ALLEGATION THAT THE LOW BID WAS BELOW COST DOES NOT PROVIDE A VALID BASIS ON WHICH TO CHALLENGE A CONTRACT AWARD. SUCH A PROTEST QUESTIONS THE BIDDER'S RESPONSIBILITY, WHICH GAO DOES NOT REVIEW EXCEPT IN LIMITED CIRCUMSTANCES NOT PRESENT HERE.

EVCO NATIONAL:

EVCO NATIONAL (EVCO) PROTESTS THE AWARD OF A CONTRACT TO MORIN INDUSTRIES UNDER SOLICITATION NO. DADA03-85-B-0047 ISSUED BY THE DEPARTMENT OF THE ARMY FOR THE INTERIOR PAINTING OF BUILDINGS AT FITZSIMMONS ARMY MEDICAL CENTER, AURORA, COLORADO. EVCO ESSENTIALLY CONTENDS THAT THE PRICE BID BY MORIN COULD NOT COVER THE COST OF APPLYING TWO COATS OF PAINT AS REQUIRED BY THE SPECIFICATIONS.

WE DISMISS THE PROTEST.

AN AGENCY'S ACCEPTANCE OF A BELOW-COST BID IS NOT LEGALLY OBJECTIONABLE AND DOES NOT PROVIDE A BASIS UPON WHICH A CONTRACT AWARD MAY BE CHALLENGED. ROLLER BEARING COMPANY OF AMERICA, B-218414.2, MAY 14, 1985, 85-1 CPD PARA. 542. RATHER, WHETHER A BIDDER WILL BE ABLE TO MEET CONTRACT REQUIREMENTS IN LIGHT OF ITS OFFERED PRICE IS A MATTER OF RESPONSIBILITY TO BE DETERMINED BY THE CONTRACTING OFFICER. ALAN SCOTT INDUSTRIES, B-219096, JUNE 20, 1985, 85-1 CPD PARA. 706. OUR OFFICE DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION THAT A FIRM IS RESPONSIBLE ABSENT A SHOWING THAT THE DETERMINATION MAY HAVE BEEN MADE FRAUDULENTLY OR IN BAD FAITH OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET. 4 C.F.R. SEC. 21.2(F)(5) (1985); TRAFFIC MARKETING DEVELOPMENT SERVICES, U.S.A. INC., B-218983, JUNE 6, 1985, 85-1 CPD PARA. 653. NEITHER IS ALLEGED HERE.

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