B-188341, FEBRUARY 23, 1977
Highlights
PROTEST THAT TWO LOWEST BIDDERS WILL NOT BE ABLE TO PERFORM SERVICES AT THEIR BID PRICES PROVIDES NO BASIS FOR GAO TO DISTURB AWARD TO EITHER BIDDER IN EVENT EITHER IS DETERMINED TO BE LOW RESPONSIVE RESPONSIBLE BIDDER EVEN THOUGH BID PRICE MAY BE UNPROFITABLE. DEPENDABLE CONTENDS THAT NEITHER BONDED NOR B&W WILL BE ABLE TO PERFORM THE CONTRACT WITH THE MINIMUM NUMBER OF EMPLOYEES REQUIRED AT THE PRICES THEY HAVE BID. OUR OFFICE HAS OFTEN HELD THAT NO BASIS EXISTS TO QUESTION AN AWARD EVEN THOUGH THE LOW RESPONSIVE AND RESPONSIBLE BIDDER MAY HAVE SUBMITTED AN UNPROFITABLE PRICE. IN THE EVENT THE AGENCY DETERMINES THAT EITHER BONDED OR B&W IS THE LOW RESPONSIBLE RESPONSIVE BIDDER AND ENTITLED TO THE AWARD THAT AWARD DECISION WILL NOT BE QUESTIONED BY OUR OFFICE ON THE BASIS THAT THE PROSPECTIVE CONTRACTOR'S PRICE IS TOO LOW.
B-188341, FEBRUARY 23, 1977
PROTEST THAT TWO LOWEST BIDDERS WILL NOT BE ABLE TO PERFORM SERVICES AT THEIR BID PRICES PROVIDES NO BASIS FOR GAO TO DISTURB AWARD TO EITHER BIDDER IN EVENT EITHER IS DETERMINED TO BE LOW RESPONSIVE RESPONSIBLE BIDDER EVEN THOUGH BID PRICE MAY BE UNPROFITABLE.
DEPENDABLE JANITORIAL SERVICE AND SUPPLY:
DEPENDABLE JANITORIAL SERVICE AND SUPPLY (DEPENDABLE) PROTESTS THE AWARD OF A CONTRACT TO EITHER B&W SERVICES INDUSTRIAL, INC. (B&W) AT ITS BID PRICE OF $149,814.60 OR BONDED MAINTENANCE COMPANY (BONDED) AT ITS BID PRICE OF $162,796.82, WITH DISCOUNT, UNDER IFB NO. DSA005-77-B 0002 ISSUED AT TRACY DEFENSE DEPOT, TRACY, CALIFORNIA. DEPENDABLE CONTENDS THAT NEITHER BONDED NOR B&W WILL BE ABLE TO PERFORM THE CONTRACT WITH THE MINIMUM NUMBER OF EMPLOYEES REQUIRED AT THE PRICES THEY HAVE BID.
OUR OFFICE HAS OFTEN HELD THAT NO BASIS EXISTS TO QUESTION AN AWARD EVEN THOUGH THE LOW RESPONSIVE AND RESPONSIBLE BIDDER MAY HAVE SUBMITTED AN UNPROFITABLE PRICE. LOW BID JANITORIAL SERVICE, B-180662, JUNE 25, 1974, 74-1 CPD 342; CHEMICAL TECHNOLOGY, INC., B-182912, MARCH 12, 1975, 75-1 CPD 149. THEREFORE, IN THE EVENT THE AGENCY DETERMINES THAT EITHER BONDED OR B&W IS THE LOW RESPONSIBLE RESPONSIVE BIDDER AND ENTITLED TO THE AWARD THAT AWARD DECISION WILL NOT BE QUESTIONED BY OUR OFFICE ON THE BASIS THAT THE PROSPECTIVE CONTRACTOR'S PRICE IS TOO LOW.
ACCORDINGLY, THE PROTEST IS DENIED.