B-180268: Jun 11, 1974

NEGOTIATIONS WERE CONDUCTED BY AGENCY TO RESOLVE TECHNICAL AND COST QUESTIONS RAISED DURING EVALUATION OF OFFERS AND WERE IN FULL ACCORD WITH THE STATUTORY AND REGULATORY DIRECTIVE FOR CONDUCTING NEGOTIATIONS. OFFER OF A PATENT INDEMNITY PROVISION BY PROTESTER IS NOT FOR EVALUATION IN VIEW OF UNCERTAINTY OF PATENT INFRINGEMENT. 45 COMP. FACT THAT AGENCY NEGOTIATORS MAY HAVE MADE NUMEROUS COMMENTS...

B-180268: Jul 29, 1974

ALTHOUGH PRESENT GAO POLICY IS NOT TO DEVELOP PROTESTS AGAINST AFFIRMATIVE DETERMINATIONS OF PROSPECTIVE CONTRACTOR'S RESPONSIBILITY ABSENT SHOWING OF FRAUD. IT WILL BE REEXAMINED PURSUANT TO REQUEST FOR RECONSIDERATION. 2. A BASIS EXISTED WHEREUPON THE CONTRACTING OFFICER COULD REASON TO A JUDGMENT THAT THE LOW OFFEROR WAS RESPONSIBLE. 3. THE FACTS PERTINENT TO THIS REQUEST FOR RECONSIDERATION AR...

B-180268: Jul 29, 1974

A company requested reconsideration of a decision which denied its protest of a contract award to another firm. The protester had contended that the contracting officer arbitrarily and capriciously determined that the awardee was responsible. It was held that protests against affirmative determinations of responsibility are generally futile absent a showing of fraud. Upon appeal, the protester con...