B-203377.3, JUN 30, 1981
Highlights
DIGEST: WHETHER OR NOT BIDDERS HAVE CAPABILITY TO PRODUCE ITEM AT OFFERED PRICE AND IN ACCORDANCE WITH AGENCY'S REQUIREMENTS. IS QUESTION OF BIDDERS' RESPONSIBILITY AS PROSPECTIVE CONTRACTORS. ASTROCOM MAINTAINS THAT THESE TWO FIRMS ARE IN FACT THE SAME COMPANY AND HAVE EXPERIENCED PERFORMANCE AND QUALITY PROBLEMS ON PAST PROCUREMENTS. IT FURTHER SPECULATES THAT THESE FIRMS MAY NOT UNDERSTAND THAT THE ITEMS IN QUESTION (HELMETS) "ARE SUBSTANTIALLY DIFFERENT IN CONSTRUCTION AS WELL AS QUALITY REQUIREMENTS THAN THOSE ORDERED IN THE PAST.". THE PROTEST IS DISMISSED. ASTROCOM IS ALLEGING THAT MARMAC AND AQUA-AIRE ARE INCAPABLE OF MANUFACTURING THE PRODUCT IN QUESTION AT THEIR OFFERED PRICES.
B-203377.3, JUN 30, 1981
DIGEST: WHETHER OR NOT BIDDERS HAVE CAPABILITY TO PRODUCE ITEM AT OFFERED PRICE AND IN ACCORDANCE WITH AGENCY'S REQUIREMENTS, IS QUESTION OF BIDDERS' RESPONSIBILITY AS PROSPECTIVE CONTRACTORS, A DETERMINATION WITHIN THE AMBIT OF THE CONTRACTING OFFICER.
ASTROCOM ELECTRONICS, INCORPORATED:
ASTROCOM ELECTRONICS, INCORPORATED PROTESTS THE POSSIBLE AWARD OF A CONTRACT TO EITHER MARMAC INDUSTRIES OR AQUA-AIRE, INCORPORATED, UNDER SOLICITATION NO. DLA100-81-B-0772, ISSUED BY THE DEFENSE LOGISTICS AGENCY'S (DLA) DEFENSE PERSONNEL SUPPORT CENTER IN PHILADELPHIA, PENNSYLVANIA. ASTROCOM MAINTAINS THAT THESE TWO FIRMS ARE IN FACT THE SAME COMPANY AND HAVE EXPERIENCED PERFORMANCE AND QUALITY PROBLEMS ON PAST PROCUREMENTS. IT FURTHER SPECULATES THAT THESE FIRMS MAY NOT UNDERSTAND THAT THE ITEMS IN QUESTION (HELMETS) "ARE SUBSTANTIALLY DIFFERENT IN CONSTRUCTION AS WELL AS QUALITY REQUIREMENTS THAN THOSE ORDERED IN THE PAST." THE PROTEST IS DISMISSED.
IN EFFECT, ASTROCOM IS ALLEGING THAT MARMAC AND AQUA-AIRE ARE INCAPABLE OF MANUFACTURING THE PRODUCT IN QUESTION AT THEIR OFFERED PRICES, AND IN ACCORDANCE WITH ALL OF DLA'S REQUIREMENTS. THESE ARE MATTERS OF A BIDDER'S RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR. A RESPONSIBILITY DETERMINATION MUST BE MADE BY THE CONTRACTING OFFICER PRIOR TO AWARD. DEFENSE ACQUISITION REGULATION SEC. 2-407.3 (1976 ED.). ALTHOUGH IT IS NOT CLEAR WHETHER SUCH A DETERMINATION HAS YET BEEN MADE HERE, OUR OFFICE GENERALLY WILL NOT REVIEW A PROTEST OF AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY, WHICH IS LARGELY A BUSINESS JUDGMENT, UNLESS THERE IS A SHOWING OF POSSIBLE FRAUD ON THE PART OF THE PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH HAVE NOT BEEN APPLIED. ENVIRONMENTAL CONTAINER SYSTEMS, INC., B-201739, FEBRUARY 9, 1981, 81-1 CPD 83; X TYAL INTERNATIONAL CORP., B-198802, MAY 22, 1980, 80-1 CPD 355. NEITHER OF THESE HAS BEEN ALLEGED IN THE PRESENT CASE.
THE PROTEST IS DISMISSED.