B-205115, NOV 3, 1981
Highlights
DIGEST: ALLEGATION THAT AWARDEE DOES NOT HAVE ABILITY TO PERFORM CONTRACT WILL NOT BE CONSIDERED BECAUSE PROTEST RELATES TO AWARDEE'S RESPONSIBILITY AND GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN CIRCUMSTANCES NOT APPLICABLE HERE. A BIDDER'S ABILITY TO PERFORM A CONTRACT IS A MATTER OF THE BIDDER'S RESPONSIBILITY AND WE DO NOT GENERALLY REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS THERE IS A SHOWING OF POSSIBLE FRAUD ON THE PART OF THE PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. LEWIS' PROTEST WILL NOT BE CONSIDERED. THE PROTEST IS DISMISSED.
B-205115, NOV 3, 1981
DIGEST: ALLEGATION THAT AWARDEE DOES NOT HAVE ABILITY TO PERFORM CONTRACT WILL NOT BE CONSIDERED BECAUSE PROTEST RELATES TO AWARDEE'S RESPONSIBILITY AND GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN CIRCUMSTANCES NOT APPLICABLE HERE.
LEWIS CORPORATION:
LEWIS CORPORATION PROTESTS THE AWARD OF A CONTRACT TO GEN CHEM UNDER INVITATION FOR BIDS (IFB) NO. N00228-80-B-NF44 ISSUED BY THE DEPARTMENT OF THE NAVY. LEWIS ESSENTIALLY QUESTIONS GEN CHEM'S ABILITY TO SUCCESSFULLY PERFORM THE CONTRACT WHICH CALLS FOR SUPPLYING AN ULTRASONIC CLEANING SYSTEM; HOWEVER, A BIDDER'S ABILITY TO PERFORM A CONTRACT IS A MATTER OF THE BIDDER'S RESPONSIBILITY AND WE DO NOT GENERALLY REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY UNLESS THERE IS A SHOWING OF POSSIBLE FRAUD ON THE PART OF THE PROCURING OFFICIALS OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. ASTROCOM ELECTRONICS, INCORPORATED, B-203377.3, JUNE 30, 1981, 81-1 CPD 546. AS NEITHER HAS BEEN ALLEGED HERE, LEWIS' PROTEST WILL NOT BE CONSIDERED.
THE PROTEST IS DISMISSED.