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B-209861, DEC 30, 1982

B-209861 Dec 30, 1982
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Highlights

A BIDDER'S ABILITY TO PERFORM A CONTRACT ACCORDING TO THE SPECIFICATIONS IS A MATTER OF RESPONSIBILITY. GAO WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES. 2. WHETHER AN AWARDEE'S PRODUCT CONFORMS TO THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION. WHICH IS THE RESPONSIBILITY OF THE PROCURING AGENCY AND NOT GAO. DOMAR ALLEGES THAT THE SPECIFICATIONS AND DRAWINGS REFERENCED IN THE SOLICITATION ARE SPECIFIC AS TO THE MATERIAL REQUIRED BY THE GOVERNMENT. SUGGESTS THAT NEITHER AMERICAN NOR PRECISION CAN OR WILL FURNISH CABLE OF THAT MATERIAL. AMERICAN'S OR PRECISION'S ABILITY TO FURNISH THAT CABLE IS A MATTER OF RESPONSIBILITY.

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B-209861, DEC 30, 1982

DIGEST: 1. A BIDDER'S ABILITY TO PERFORM A CONTRACT ACCORDING TO THE SPECIFICATIONS IS A MATTER OF RESPONSIBILITY, AND GAO WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES. 2. WHETHER AN AWARDEE'S PRODUCT CONFORMS TO THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE RESPONSIBILITY OF THE PROCURING AGENCY AND NOT GAO.

DOMAR INDUSTRIES:

DOMAR INDUSTRIES PROTESTS THE AWARD OF ANY CONTRACT TO EITHER AMERICAN CABLE COMPANY, INC. OR PRECISION CABLE MANUFACTURING COMPANY UNDER SOLICITATION NO. DLA 700-82-B-2325 ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA) FOR HEAVY-DUTY JUMPER CABLE. DOMAR ALLEGES THAT THE SPECIFICATIONS AND DRAWINGS REFERENCED IN THE SOLICITATION ARE SPECIFIC AS TO THE MATERIAL REQUIRED BY THE GOVERNMENT, AND SUGGESTS THAT NEITHER AMERICAN NOR PRECISION CAN OR WILL FURNISH CABLE OF THAT MATERIAL. WE DISMISS THE PROTEST.

THE DLA INFORMALLY ADVISES THIS OFFICE THAT THE SOLICITATION SIMPLY SOUGHT A FAIRLY COMMON TYPE OF HEAVY-DUTY JUMPER CABLE. AMERICAN'S OR PRECISION'S ABILITY TO FURNISH THAT CABLE IS A MATTER OF RESPONSIBILITY, THAT IS, THE ABILITY TO PERFORM A CONTRACT ACCORDING TO THE SPECIFICATIONS. DOSIMETER CORPORATION OF AMERICAN, B-209314, OCTOBER 29, 1982, 82-2 CPD 391. THE CONTRACTING OFFICER MUST DETERMINE THAT A PROSPECTIVE CONTRACTOR IS RESPONSIBLE BEFORE AWARDING A CONTRACT TO THAT FIRM, AND OUR OFFICE DOES NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH, OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET. SUNDANCE HELICOPTERS, B-209622, NOVEMBER 15, 1982, 82-2 CPD 442. NEITHER EXCEPTION APPEARS APPLICABLE HERE. THUS, WE WILL NOT CONSIDER DOMAR'S PROTEST.

MOREOVER, WHETHER THE FIRM (EITHER AMERICAN OR PRECISION) AWARDED THE CONTRACT WILL SUPPLY CABLE CONFORMING TO THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE RESPONSIBILITY OF PROCURING AGENCY AND NOT THIS OFFICE. BVI ENGRAVERS, INC., B-208830, OCTOBER 20, 1982, 82-2 CPD 351.

THE PROTEST IS DISMISSED.

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