[Request for Reconsideration of DOE Solicitation Cancellation]
Highlights
A firm requested reconsideration of its dismissed protest of the Department of Energy's cancellation of a solicitation for collection system construction. GAO had held that the protester untimely filed its protest more than 10 days after it knew the basis of protest. In its request for reconsideration, the protester repeated its previous arguments. GAO held that the protester failed to present any evidence that warranted reversal of the original decision. Accordingly, the request for reconsideration was denied.
B-212342, AUG 2, 1983
DIGEST: GAO WILL NOT REVIEW AN AGENCY'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT EITHER A SHOWING OF POSSIBLE FRAUD ON THE PART OF THE CONTRACTING OFFICIALS, OR MISAPPLICATION OF DEFINITIVE RESPONSIBILITY CRITERIA.
CONSULTING AND PROGRAM MANAGEMENT SERVICES, INC.:
CONSULTING AND PROGRAM MANAGEMENT SERVICES, INC. (CPMS) HAS FILED A PRE- AWARD BID PROTEST IN CONNECTION WITH DEPARTMENT OF LABOR/EMPLOYMENT TRAINING ADMINISTRATION SOLICITATION NO. ETA-OC 83-04. CPMS QUESTIONS THE INTEGRITY OF A COMPETING OFFEROR, TECHNICAL ASSISTANCE GROUP, INC., WHO THE PROTESTER ALLEGES WAS DISQUALIFIED FROM CONSIDERATION UNDER OTHER DEPARTMENT OF LABOR CONTRACTS FOR CONFLICT OF INTEREST REASONS. DISMISS THE PROTEST.
THE QUESTION OF THE INTEGRITY OF AN OFFEROR IS A MATTER FOR THE CONTRACTING OFFICIALS IN DETERMINING A PROSPECTIVE CONTRACTOR'S RESPONSIBILITY. FEDERAL PROCUREMENT REGULATIONS SEC. 1-1.1203-1 (1964 ED.). OUR OFFICE WILL NOT REVIEW AN AGENCY'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY UNLESS THERE IS SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF PROCURING OFFICIALS, OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. NORTHERN VIRGINIA SERVICE CORPORATION, B-209087, NOVEMBER 8, 1982, 82-2 CPD 414. NEITHER CIRCUMSTANCE HAS BEEN SHOWN HERE; THEREFORE, THE PROTEST IS DISMISSED.