B-216320, SEP 28, 1984, 84-2 CPD 369
Highlights
CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: GAO WILL NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES. CLARK CONTENDS THAT MICHAEL IS NOT RESPONSIBLE DUE TO BELOW-COST PRICING AND INABILITY TO PERFORM. WE DO NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE DETERMINATION WAS MADE FRAUDULENTLY OR IN BAD FAITH OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET. 4 C.F.R. NEITHER EXCEPTION IS ALLEGED HERE. THE PROTEST IS DISMISSED.
B-216320, SEP 28, 1984, 84-2 CPD 369
CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: GAO WILL NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES.
CLARK INTERNATIONAL SECURITY INC.:
CLARK INTERNATIONAL SECURITY INC. (CLARK) PROTESTS THE AWARD OF A CONTRACT FOR BARBED TAPE CONCERTINA TO MICHAEL INDUSTRIES, INC. (MICHAEL), UNDER INVITATION FOR BIDS NO. DLA700-84-B-0115 ISSUED BY THE DEFENSE CONSTRUCTION SUPPLY CENTER.
CLARK CONTENDS THAT MICHAEL IS NOT RESPONSIBLE DUE TO BELOW-COST PRICING AND INABILITY TO PERFORM.
WE DO NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE DETERMINATION WAS MADE FRAUDULENTLY OR IN BAD FAITH OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET. 4 C.F.R. SEC. 21.3(G)(4) (1984); BRANDHURST INCORPORATED, B-214829, JUNE 26, 1984, 84-1 CPD PARA. 669. NEITHER EXCEPTION IS ALLEGED HERE.
THE PROTEST IS DISMISSED.