B-216486, SEP 28, 1984, 84-2 CPD 372
Highlights
AN ALLEGATION THAT A LOW BIDDER LACKS THE EXPERTISE TO PERFORM A CONTRACT AND THAT THE LOW BIDDER'S LACK OF UNDERSTANDING OF THE PERFORMANCE REQUIREMENTS IS REFLECTED IN ITS EXTREMELY LOW BID CONCERNS THE LOW BIDDER'S RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR. GAO DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS OR THAT THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA THAT HAVE NOT BEEN APPLIED. THAT IS. LINDEN NOTES THAT LPW'S AREA OF EXPERTISE IS MILLWRIGHT SERVICES. ASSERTS THAT LPW'S LACK OF UNDERSTANDING OF THE PERFORMANCE REQUIREMENTS IS REFLECTED IN LPW'S EXTREMELY LOW BID.
B-216486, SEP 28, 1984, 84-2 CPD 372
CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: 1. AN ALLEGATION THAT A LOW BIDDER LACKS THE EXPERTISE TO PERFORM A CONTRACT AND THAT THE LOW BIDDER'S LACK OF UNDERSTANDING OF THE PERFORMANCE REQUIREMENTS IS REFLECTED IN ITS EXTREMELY LOW BID CONCERNS THE LOW BIDDER'S RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR. CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED 2. GAO DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS OR THAT THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA THAT HAVE NOT BEEN APPLIED.
LINDEN-LORENZ RIGGING CO., INC.:
LINDEN-LORENZ RIGGING CO., INC. PROTESTS THE AWARD OF A CONTRACT FOR HEAVY RIGGING SERVICES TO LPW, INC. UNDER INVITATION FOR BIDS NO. DAAA08- 84-B-0136, ISSUED BY THE DEPARTMENT OF THE ARMY, ROCK ISLAND ARSENAL. LINDEN ESSENTIALLY CHALLENGES LPW'S RESPONSIBILITY, THAT IS, ITS ABILITY TO DO THE JOB, BECAUSE OF THE FIRM'S ALLEGED LACK OF EXPERIENCE IN PROVIDING HEAVY RIGGING SERVICES. LINDEN NOTES THAT LPW'S AREA OF EXPERTISE IS MILLWRIGHT SERVICES, AND ASSERTS THAT LPW'S LACK OF UNDERSTANDING OF THE PERFORMANCE REQUIREMENTS IS REFLECTED IN LPW'S EXTREMELY LOW BID. WE WILL NOT CONSIDER THE PROTEST.
BECAUSE RESPONSIBILITY DETERMINATIONS ARE LARGELY MATTERS OF SOUND BUSINESS JUDGMENT AND BY THEIR NATURE ARE VERY SUBJECTIVE, THIS OFFICE DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF A PROSPECTIVE CONTRACTOR'S RESPONSIBILITY ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF CONTRACTING OFFICIALS, OR WHERE THERE IS AN ALLEGATION THAT THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA THAT HAVE NOT BEEN APPLIED. SEE R. R. MONGEAU ENGINEERS, INC., B-213330, MAR. 20, 1984, 84-1 CPD PARA. 333. NONE OF THESE BASES FOR OUR REVIEW IS PRESENT IN THIS CASE.
THE PROTEST IS DISMISSED.