B-211167, APR 14, 1983

B-211167: Apr 14, 1983

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DIGEST: PROTEST THAT LOW BIDDER (1) SUBMITTED AN UNREALISTICALLY LOW BID AND (2) CANNOT PROPERLY CONDUCT AND MAINTAIN QUALITY OF COLLEGE LEVEL ACADEMIC PROGRAM SO AS TO ADEQUATELY SERVE NAVY PERSONNEL INVOLVES AFFIRMATIVE DETERMINATION OF RESPONSIBILITY WHICH IS NOT REVIEWED BY GAO IN ABSENCE OF CIRCUMSTANCES NOT PRESENT HERE. THIS CONTRACT IS FOR AN ACADEMIC PROGRAM KNOWN AS THE PROGRAM FOR AFLOAT COLLEGE EDUCATION (PACE) FOR THE PACIFIC FLEET. CHAPMAN CONTENDS THAT THE BID SUBMITTED BY TEXAS CENTRAL IS UNREALISTICALLY LOW AND THAT QUALIFIED CIVILIAN COLLEGE INSTRUCTORS CANNOT BE RECRUITED AND RETAINED BASED ON THE AMOUNT BID FOR EACH THREE CREDIT CYCLE. WE HAVE HELD THAT WHETHER A BIDDER CAN PERFORM AT ITS BID PRICE IS A QUESTION WHICH GOES TO THE RESPONSIBILITY OF THE BIDDER.

B-211167, APR 14, 1983

DIGEST: PROTEST THAT LOW BIDDER (1) SUBMITTED AN UNREALISTICALLY LOW BID AND (2) CANNOT PROPERLY CONDUCT AND MAINTAIN QUALITY OF COLLEGE LEVEL ACADEMIC PROGRAM SO AS TO ADEQUATELY SERVE NAVY PERSONNEL INVOLVES AFFIRMATIVE DETERMINATION OF RESPONSIBILITY WHICH IS NOT REVIEWED BY GAO IN ABSENCE OF CIRCUMSTANCES NOT PRESENT HERE.

CHAPMAN COLLEGE:

CHAPMAN COLLEGE (CHAPMAN) PROTESTS THE DEPARTMENT OF THE NAVY'S (NAVY) AWARD OF A CONTRACT TO CENTRAL TEXAS COLLEGE (CENTRAL TEXAS) UNDER SOLICITATION NO. N00612-82-R-0430. THIS CONTRACT IS FOR AN ACADEMIC PROGRAM KNOWN AS THE PROGRAM FOR AFLOAT COLLEGE EDUCATION (PACE) FOR THE PACIFIC FLEET. WE DISMISS THE PROTEST.

CHAPMAN CONTENDS THAT THE BID SUBMITTED BY TEXAS CENTRAL IS UNREALISTICALLY LOW AND THAT QUALIFIED CIVILIAN COLLEGE INSTRUCTORS CANNOT BE RECRUITED AND RETAINED BASED ON THE AMOUNT BID FOR EACH THREE CREDIT CYCLE. WE HAVE HELD THAT WHETHER A BIDDER CAN PERFORM AT ITS BID PRICE IS A QUESTION WHICH GOES TO THE RESPONSIBILITY OF THE BIDDER. SEE VIRGINIA MANUFACTURING COMPANY, B-202393, JULY 9, 1981, 81-2 CPD 25. HERE, THE NAVY MADE AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY. THIS OFFICE DOES NOT REVIEW SUCH DETERMINATIONS UNLESS FRAUD OR BAD FAITH IS SHOWN ON THE PART OF PROCURING OFFICIALS, OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN MET. YOUNG PATROL SERVICE, B-205014, OCTOBER 13, 1981, 81-2 CPD 307. NEITHER EXCEPTION IS PRESENT HERE.

CHAPMAN ALSO CONTENDS THAT THE PROGRAM CANNOT BE PROPERLY CONDUCTED, QUALITY MAINTAINED AND THE EDUCATIONAL NEEDS OF NAVY PERSONNEL ADEQUATELY SERVED UNDER THE ACADEMIC ARRANGEMENTS PROPOSED BY CENTRAL TEXAS. THESE, TOO, ARE MATTERS OF RESPONSIBILITY AND, FOR THE REASONS SET OUT ABOVE, OUR OFFICE WILL NOT REVIEW THE CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION IN REGARD TO THESE MATTERS. SEE FREUND PRECISION, INC., B-208455, AUGUST 18, 1982, 82-2 CPD 155.

THE PROTEST IS DISMISSED.

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