B-218223, FEB 26, 1985, 85-1 CPD 242

B-218223: Feb 26, 1985

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WHETHER A PROPOSED CONTRACTOR'S PRODUCTION FACILITIES ARE ADEQUATE FOR CONTRACT PERFORMANCE INVOLVES A QUESTION OF RESPONSIBILITY. THAT IS. AN AGENCY MAY ALLOW A PROSPECTIVE AWARDEE A REASONABLE PERIOD OF TIME AFTER BID OPENING WITHIN WHICH TO CURE A PROBLEM RELATED TO ITS RESPONSIBILITY SINCE CONTRACT AWARD AND NOT BID OPENING IS THE CRITICAL TIME FOR DETERMINING THE RESPONSIBILITY OF A FIRM. THE PROTEST IS DISMISSED.

B-218223, FEB 26, 1985, 85-1 CPD 242

CONTRACTS - AWARDS - DELAYED AWARDS - PROPRIETY DIGEST: AN AGENCY MAY DELAY A CONTRACT AWARD TO PERMIT THE APPARENT LOW BIDDER A REASONABLE TIME TO CURE A PROBLEM RELATED TO ITS RESPONSIBILITY.

BASE-OPERATION-MANAGEMENT-SERVICE INC.:

BASE-OPERATION-MANAGEMENT-SERVICE INC. PROTESTS THE AWARD OF A CONTRACT TO CROWN LAUNDRY & DRY CLEANING, INC. UNDER SOLICITATION NO. DABT10-85-B- 0006, ISSUED BY THE DEPARTMENT OF THE ARMY. BASE, THE SECOND LOWEST BIDDER, ALLEGES THAT THE ARMY HAS IMPROPERLY GIVEN CROWN ADDITIONAL TIME TO RENOVATE ITS PRODUCTION FACILITIES FOLLOWING AN UNFAVORABLE PRE-AWARD SURVEY.

WHETHER A PROPOSED CONTRACTOR'S PRODUCTION FACILITIES ARE ADEQUATE FOR CONTRACT PERFORMANCE INVOLVES A QUESTION OF RESPONSIBILITY, THAT IS, A BIDDER'S PERFORMANCE CAPABILITY. U.S. JET AVIATION, B-214093, MAY 25, 1984, 84-1 CPD PARA. 575. AN AGENCY MAY ALLOW A PROSPECTIVE AWARDEE A REASONABLE PERIOD OF TIME AFTER BID OPENING WITHIN WHICH TO CURE A PROBLEM RELATED TO ITS RESPONSIBILITY SINCE CONTRACT AWARD AND NOT BID OPENING IS THE CRITICAL TIME FOR DETERMINING THE RESPONSIBILITY OF A FIRM. AMERIKO MAINTENANCE CO., B-208485, AUG. 27, 1982, 82-2 CPD PARA. 184.

BASE DOES NOT SUGGEST THAT THE DELAY IN AWARD HAS BEEN UNREASONABLY LONG. THEREFORE, BASE HAS NOT STATED A VALID BASIS FOR PROTEST. ACCORDINGLY, PURSUANT TO SECTION 21.3(F) OF OUR BID PROTEST REGULATIONS, 49 FED.REG. 49,417, 49,421 (1984) (TO BE CODIFIED AT 4 C.F.R. SEC. 21.3(F)), THE PROTEST IS DISMISSED.

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