Skip to main content

B-220493, OCT 17, 1985, 85-2 CPD 419

B-220493 Oct 17, 1985
Jump To:
Skip to Highlights

Highlights

GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY UNLESS PROTESTER SHOWS THAT DETERMINATION MAY HAVE BEEN MADE FRAUDULENTLY OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET. SOLICITATION REQUIREMENT THAT BIDDER BE REGULARLY ESTABLISHED IN RUBBISH HAULING BUSINESS IS NOT DEFINITIVE RESPONSIBILITY CRITERION. WILL SUBCONTRACT A SUBSTANTIAL PORTION OF THE WORK TO A FIRM THAT IS NOT A SMALL BUSINESS. THE PROTEST IS DISMISSED. IDS'S CONTENTION THAT DURRAH DOES NOT SATISFY THE REQUIREMENT THAT BIDDERS BE REGULARLY ESTABLISHED IN THE RUBBISH HAULING BUSINESS IS A CHALLENGE TO DURRAH'S RESPONSIBILITY. OUR OFFICE DOES NOT REVIEW AN AGENCY'S AFFIRMATIVE DETERMINATION OF A BIDDER'S RESPONSIBILITY UNLESS THE PROTESTER SHOWS EITHER THAT THE DETERMINATION MAY HAVE BEEN MADE FRAUDULENTLY OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET.

View Decision

B-220493, OCT 17, 1985, 85-2 CPD 419

CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED DIGEST: 1. GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY UNLESS PROTESTER SHOWS THAT DETERMINATION MAY HAVE BEEN MADE FRAUDULENTLY OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET. CONTRACTORS - RESPONSIBILITY - DETERMINATION - DEFINITIVE - RESPONSIBILITY CRITERIA - WHAT CONSTITUTES 2. SOLICITATION REQUIREMENT THAT BIDDER BE REGULARLY ESTABLISHED IN RUBBISH HAULING BUSINESS IS NOT DEFINITIVE RESPONSIBILITY CRITERION.

INDUSTRIAL DISPOSAL SYSTEMS, INC.:

INDUSTRIAL DISPOSAL SYSTEMS, INC. (IDS), PROTESTS AGAINST AN AWARD OF A CONTRACT TO DURRAH CORPORATION (DURRAH) UNDER SOLICITATION NO. 541 20-86, ISSUED AS A SMALL BUSINESS LABOR SURPLUS AREA SET-ASIDE BY THE VETERANS ADMINISTRATION (VA) FOR HAULING RUBBISH FROM THE VA HOSPITAL IN BRECKSVILLE, OHIO.

IDS POINTS OUT THAT THE SOLICITATION REQUIRES THAT BIDDERS BE REGULARLY ESTABLISHED IN THE BUSINESS. IDS CONTENDS THAT DURRAH DOES NOT SATISFY THIS REQUIREMENT. ALSO, IDS CONTENDS THAT DURRAH, IF AWARDED THE CONTRACT, WILL SUBCONTRACT A SUBSTANTIAL PORTION OF THE WORK TO A FIRM THAT IS NOT A SMALL BUSINESS.

THE PROTEST IS DISMISSED.

IDS'S CONTENTION THAT DURRAH DOES NOT SATISFY THE REQUIREMENT THAT BIDDERS BE REGULARLY ESTABLISHED IN THE RUBBISH HAULING BUSINESS IS A CHALLENGE TO DURRAH'S RESPONSIBILITY. OUR OFFICE DOES NOT REVIEW AN AGENCY'S AFFIRMATIVE DETERMINATION OF A BIDDER'S RESPONSIBILITY UNLESS THE PROTESTER SHOWS EITHER THAT THE DETERMINATION MAY HAVE BEEN MADE FRAUDULENTLY OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION WERE NOT MET. ROLEN-ROLEN-ROBERTS INTERNATIONAL ET AL., B-218424, ET AL., AUG. 1, 1985, 85-2 CPD PARA. 113. NEITHER EXCEPTION APPLIES HERE. IDS DOES NOT ALLEGE FRAUD. FURTHER, THE REQUIREMENT THAT A BIDDER BE REGULARLY ESTABLISHED IN THE BUSINESS IS NOT A DEFINITIVE RESPONSIBILITY CRITERION. ROLEN-ROLEN-ROBERTS INTERNATIONAL ET AL., B-218424 ET AL., SUPRA.

MOREOVER, ONCE THE CONTRACT IS AWARDED, COMPLIANCE WITH CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION AND IS THE RESPONSIBILITY OF THE PROCURING AGENCY RATHER THAN OUR OFFICE. MANN RENTAL SERVICE, B-216868, OCT. 31, 1984, 84-2 CPD PARA. 493. IN ANY EVENT, WE NOTE THAT SUBCONTRACTING WITH A LARGE BUSINESS FIRM UNDER A SERVICE CONTRACT SET ASIDE FOR SMALL BUSINESS IS NOT LEGALLY OBJECTIONABLE. MANN RENTAL SERVICE, B-216868, SUPRA.

GAO Contacts

Office of Public Affairs