Matter of: U.S. Constructors, Inc. File: B-248757 Date: August 31, 1992
Highlights
PROCUREMENT Contractor Qualification Responsibility Contracting officer findings Affirmative determination GAO review PROCUREMENT Contractor Qualification Responsibility Corporate entities Affiliates Suspended/debarred contractors Allegation that the president of the low bidder is affiliated with a debarred corporation constitutes a protest of an affirmative determination of responsibility which our Office will not review in the absence of a showing of fraud or bad faith on the part of the contracting officer or a failure to apply definitive responsibility criteria. Constructors contends that award to Armstrong is improper because Armstrong's president. Is affiliated with a debarred contractor.
Matter of: U.S. Constructors, Inc. File: B-248757 Date: August 31, 1992
PROCUREMENT Contractor Qualification Responsibility Contracting officer findings Affirmative determination GAO review PROCUREMENT Contractor Qualification Responsibility Corporate entities Affiliates Suspended/debarred contractors Allegation that the president of the low bidder is affiliated with a debarred corporation constitutes a protest of an affirmative determination of responsibility which our Office will not review in the absence of a showing of fraud or bad faith on the part of the contracting officer or a failure to apply definitive responsibility criteria.
Attorneys
DECISION
U.S. Constructors, Inc. protests the proposed award of a contract to Armstrong Elevator Company under invitation for bids (IFB) No. GS-07P-92- JXC-0048, issued by the General Services Administration (GSA) for modernization of elevators at the J.C. Mahoney Federal Center/Federal Office Building, Cheyenne, Wyoming. U.S. Constructors contends that award to Armstrong is improper because Armstrong's president, Roy Armstrong, is affiliated with a debarred contractor, Elex Elevator Company.
We dismiss the protest.
GSA issued the solicitation on March 18, 1992, and conducted bid opening on May 5. The agency received four bids and one "no bid" in response to the IFB. Of the four bids received, Armstrong submitted the low bid and the protester submitted the second low bid. U.S. Constructors then filed a protest with our Office challenging the proposed award to Armstrong. Shortly after U.S. Constructors's protest was filed with our Office, the contracting officer reviewed the matter and ultimately found Armstrong responsible notwithstanding the protester's contention.
The protester contends that the proposed award to Armstrong is improper because the president of Armstrong, Roy Armstrong, is also the president of Elex, which appears on the debarred bidders list for Davis-Bacon Act violations. The protester claims that since Mr. Armstrong owns both companies, he is an affiliate of the debarred company and, thus, any resulting award to Armstrong under this procurement is objectionable. In other words, the protester is challenging the contracting officer's affirmative determination of Armstrong's responsibility in light of this alleged affiliation.
Where the contracting officer has made an affirmative determination of the awardee's responsibility, we will not review that determination without a showing that the contracting officer acted fraudulently or in bad faith or failed to apply definitive responsibility criteria. 4 C.F.R. Sec. 21.3(m)(5) (1992); Alliance Properties, Inc., B-220037, Nov. 20, 1985, 85-2 CPD Para. 572. Since U.S. Constructors has neither alleged nor shown fraud or bad faith on the part of the contracting officer or that she failed to apply definitive responsibility criteria, the protest is dismissed. Moore Serv., Inc., B-212054, Dec. 6, 1983, 83-2 CPD Para. 648.