B-213534, NOV 10, 1983
Highlights
DIGEST: GAO WILL NOT CONSIDER A PROTEST CONCERNING A BIDDER'S ABILITY TO MEET THE CONTRACT REQUIREMENTS SINCE AWARD MUST BE PRECEDED BY THE CONTRACTING OFFICER'S FINDING THAT THE BIDDER IS RESPONSIBLE. OUR OFFICE DOES NOT REVIEW PROTESTS AGAINST 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 BEEN MISAPPLIED. THE PROTEST IS DISMISSED.
B-213534, NOV 10, 1983
DIGEST: GAO WILL NOT CONSIDER A PROTEST CONCERNING A BIDDER'S ABILITY TO MEET THE CONTRACT REQUIREMENTS SINCE AWARD MUST BE PRECEDED BY THE CONTRACTING OFFICER'S FINDING THAT THE BIDDER IS RESPONSIBLE, AND GAO DOES NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY IN THE ABSENCE OF A SHOWING OF POSSIBLE FRAUD OR MISAPPLICATION OF DEFINITIVE RESPONSIBILITY CRITERIA.
AIRTRONICS, INC.:
AIRTRONICS, INC. CONTENDS THAT COMPETING BIDDERS UNDER SOLICITATION NO. DAHA04-83-B-0036, ISSUED BY THE DEPARTMENT OF THE ARMY FOR THE REPAIR OF AIRCRAFT INSTRUMENTS, LACK THE CAPABILITY TO SATISFY THE REQUIREMENTS OF THE CONTRACT.
WE DISMISS THE PROTEST.
A BIDDER'S ABILITY TO PERFORM THE CONTRACT IN ACCORDANCE WITH ITS TERMS INVOLVES THE FIRM'S RESPONSIBILITY, AND BEFORE AWARDING THE CONTRACT THE CONTRACTING OFFICER MUST FIND THE PROPOSED AWARDEE RESPONSIBLE. SEE 10 U.S.C. SEC. 2304(A) (1982). OUR OFFICE DOES NOT REVIEW PROTESTS AGAINST 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 BEEN MISAPPLIED. WILLIAMS ELECTRIC CO., INC., B-210184, JANUARY 10, 1983, 83-1 CPD 26. AIRTRONICS' PROTEST DOES NOT SUGGEST THAT EITHER EXCEPTION WOULD APPLY HERE.
THE PROTEST IS DISMISSED.