B-190916: Jun 22, 1978

In a request for reconsideration of a previous decision, a protester questioned the low bidder's ability to perform, with its own organization, 20 percent of the work under the proposed contract. The contract provision that the contractor shall perform 20 percent of the work with its own organization is not a definitive criterion of responsibility, and GAO is not required to decide on the result i...

B-190916: Jun 22, 1978

DIGEST: WHERE IT IS CLEAR THAT CONTRACT PROVISION THAT CONTRACTOR SHALL PERFORM 20 PERCENT OF WORK WITH OWN ORGANIZATION IS NOT DEFINITIVE RESPONSIBILITY CRITERION. GAO IS NOT REQUIRED TO DECIDE WHAT RESULT WOULD BE IF IT WAS. WE FOUND THAT THE GEGGATT COMPANY'S BID WAS RESPONSIVE AND DENIED THIS PORTION OF CONTRA COSTA'S PROTEST. SINCE THE CONTRACT REQUIREMENT THAT THE CONTRACTOR SHALL PERFORM 20...

B-190916: Apr 5, 1978

LIMIT OR MODIFY REQUIREMENT THAT CONTRACTOR SHALL PERFORM 20 PERCENT OF WORK WITH OWN ORGANIZATION IS RESPONSIVE TO IFB. 2. PROTEST THAT BIDDER CANNOT COMPLY WITH ARTICLE IN GENERAL PROVISIONS REQUIRING CONTRACTOR TO PERFORM 20 PERCENT OF WORK WITH OWN ORGANIZATION WILL NOT BE CONSIDERED. SINCE DETERMINATIONS OF AFFIRMATIVE RESPONSIBILITY ARE NOT ORDINARILY REVIEWED AND ARTICLE DOES NOT COME WITHI...

B-190916: Apr 5, 1978

A company contended that the low bidder was nonresponsive since it was unable to meet a solicitation requirement even though the contracting officer had determined that the low bidder met a definitive responsibility criterion. The low bidder did not deviate from the solicitation requirement, and it is not GAO policy to review affirmative determinations of responsibility...