B-232407, Sep 20, 1988, 88-2 CPD 270
Highlights
An agency has determined that the awardee is a responsible prospective contractor. The General Accounting Office will not review a challenge to that determination absent a showing of possible fraud or bad faith on the part of the contracting officials or an allegation of misapplication of definitive responsibility criteria that were contained in the solicitation. Truetech charges that Bioscientific does not have the facilities. Bioscientific will have to subcontract over 50 percent of the cost of the work on the contract. An agency has determined that the awardee is a responsible prospective contractor. Truetech's allegations challenge the Defense Logistic Agency's determination that Bioscientific is a responsible prospective contractor.
B-232407, Sep 20, 1988, 88-2 CPD 270
PROCUREMENT - Contractor Qualification - Responsibility - Contracting officer findings - Affirmative determination - GAO review DIGEST: By awarding a contract, an agency has determined that the awardee is a responsible prospective contractor. The General Accounting Office will not review a challenge to that determination absent a showing of possible fraud or bad faith on the part of the contracting officials or an allegation of misapplication of definitive responsibility criteria that were contained in the solicitation.
Truetech, Inc:
Truetech, Inc., protests the award of a contract to Bioscientific Corp. under solicitation No. DLA400-88-B-1168, issued by the Defense Logistics Agency for the procurement of chlorination kits.
We dismiss the protest.
Truetech charges that Bioscientific does not have the facilities, equipment, or managerial and technical ability to do the work required by the contract. Truetech further charges that because of its lack of equipment and technical ability, Bioscientific will have to subcontract over 50 percent of the cost of the work on the contract. Federal Acquisition Regulation Sec. 52. 219-14(b) requires that the company awarded a supply contract as a small business set-aside must perform at least 50 percent of the cost of manufacturing the required supplies itself.
By awarding a contract, an agency has determined that the awardee is a responsible prospective contractor. See Nishimatsu Construction Co., Ltd., B-229524, B-229526, Nov. 6, 1987, 87-2 CPD Para. 462. Truetech's allegations challenge the Defense Logistic Agency's determination that Bioscientific is a responsible prospective contractor. Our Office will not review an affirmative determination of responsibility absent a showing of possible fraud or bad faith or misapplication of definitive responsibility criteria. See Nishimatsu Construction Co., Ltd., B-229524, B-229526, supra. None of these exceptions are applicable here.
The protest is dismissed.