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B-216591, OCT 18, 1984, 84-2 CPD 421

B-216591 Oct 18, 1984
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Highlights

SUBMISSION OF A BELOW-COST BID IS NOT ILLEGAL AND PROVIDES NO BASIS FOR CHALLENGING THE AWARD OF A GOVERNMENT CONTRACT TO A RESPONSIBLE BIDDER. 2. EPD CONTENDS THAT THESE FIRMS' BIDS ARE TOO LOW TO INCLUDE ALL OF THE WORK DESCRIBED IN THE SOLICITATION AND THUS SHOULD BE REJECTED. THE SUBMISSION OF A BELOW COST BID IS NOT ILLEGAL AND PROVIDES NO BASIS FOR CHALLENGING THE AWARD OF A GOVERNMENT CONTRACT TO A RESPONSIBLE PROSPECTIVE CONTRACTOR. IN ORDER TO AWARD A CONTRACT TO EITHER OF THE FIRMS MENTIONED BY THE PROTESTER THE AGENCY MUST DETERMINE THAT THE FIRM SELECTED FOR AWARD IS RESPONSIBLE. ALTHOUGH IT IS UNCLEAR WHETHER SUCH A DETERMINATION YET HAS BEEN MADE HERE. OUR OFFICE DOES NOT REVIEW PROTESTS CONCERNING SUCH AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT THAT THE CONTRACTING OFFICER MAY HAVE ACTED FRAUDULENTLY OR IN BAD FAITH.

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B-216591, OCT 18, 1984, 84-2 CPD 421

BIDS - PRICES - BELOW COST - NOT BASIS FOR PRECLUDING AWARD DIGEST: 1. SUBMISSION OF A BELOW-COST BID IS NOT ILLEGAL AND PROVIDES NO BASIS FOR CHALLENGING THE AWARD OF A GOVERNMENT CONTRACT TO A RESPONSIBLE BIDDER. 2. GAO DOES NOT REVIEW PROTESTS CHALLENGING AFFIRMATIVE RESPONSIBILITY DETERMINATIONS EXCEPT IN LIMITED CIRCUMSTANCES.

EPD ENTERPRISES, INC.:

EPD ENTERPRISES, INC. PROTESTS THE POSSIBLE AWARD OF A CONTRACT TO SOUTHLAND WASTE SYSTEMS AND LESTER PHILLIPS, INCORPORATED UNDER INVITATION FOR BIDS (IFB) NO. N62467-84-B-2369, ISSUED BY THE DEPARTMENT OF THE NAVY FOR WASTE DISPOSAL SERVICES. EPD CONTENDS THAT THESE FIRMS' BIDS ARE TOO LOW TO INCLUDE ALL OF THE WORK DESCRIBED IN THE SOLICITATION AND THUS SHOULD BE REJECTED.

THE SUBMISSION OF A BELOW COST BID IS NOT ILLEGAL AND PROVIDES NO BASIS FOR CHALLENGING THE AWARD OF A GOVERNMENT CONTRACT TO A RESPONSIBLE PROSPECTIVE CONTRACTOR. TECOM INC., B-215291, JUNE 19, 1984, 84-1 CPD PARA. 644. IN ORDER TO AWARD A CONTRACT TO EITHER OF THE FIRMS MENTIONED BY THE PROTESTER THE AGENCY MUST DETERMINE THAT THE FIRM SELECTED FOR AWARD IS RESPONSIBLE. SEE ENVIRONMENTAL CONTAINER SYSTEMS, INC., B-201739, FEB. 9, 1981, 81-1 CPD PARA. 83. ALTHOUGH IT IS UNCLEAR WHETHER SUCH A DETERMINATION YET HAS BEEN MADE HERE, OUR OFFICE DOES NOT REVIEW PROTESTS CONCERNING SUCH AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT THAT THE CONTRACTING OFFICER MAY HAVE ACTED FRAUDULENTLY OR IN BAD FAITH, OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION MAY NOT HAVE BEEN MET. SUN TEMPORARY SERVICES, B-210557, FEB. 17, 1983, 83-1 CPD PARA. 167. NEITHER EXCEPTION APPLIES HERE.

THE PROTEST IS DISMISSED.

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