[Protest of Navy Contract Award]
Highlights
A firm protested a Navy contract award, contending that the Navy: (1) improperly rejected its low bid; and (2) should not have made award to another small business contractor, since no small business could meet the solicitation's testing requirements. GAO held that: (1) it would not review affirmative responsibility determination, since the protester could not provide evidence of fraud or bad faith; and (2) the Navy properly rejected the protester's bid, since it took exception to the solicitation's testing requirement. Accordingly, the protest was dismissed.
B-204555, SEP 18, 1981
DIGEST: CONTRACTING OFFICER'S SIGNING OF CONTRACT CONSTITUTES AFFIRMATIVE DETERMINATION OF RESPONSIBILITY WHICH GAO WILL NOT REVIEW IN ABSENCE OF SHOWING OF FRAUD ON PART OF PROCURING OFFICIALS OR ALLEGATION OF FAILURE TO APPLY DEFINITIVE RESPONSIBILITY CRITERIA.
GLOBAL CRANE INSTITUTE:
GLOBAL CRANE INSTITUTE PROTESTS THE AWARD OF A CONTRACT TO THE JAMES COMPANY CONSULTANTS-ENGINEERS UNDER REQUEST FOR PROPOSALS NO. DAAH03-81 R0103, ISSUED BY THE U.S. ARMY MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA. A $13,500 CONTRACT WAS AWARDED TO THE JAMES COMPANY ON AUGUST 7, 1981. WE ARE DISMISSING THE PROTEST.
GLOBAL CRANE QUESTIONS THE FAILURE OF THE PROCURING ACTIVITY TO REQUEST A CERTIFICATE OF COMPETENCY (COC) FROM THE SMALL BUSINESS ADMINISTRATION (SBA). THE PROTESTER ALLEGES THAT THE JAMES COMPANY IS A WHOLLY OWNED SUBSIDIARY OF THE UNITED STATES CRANE CERTIFICATION BUREAU, INC., AND THAT BOTH FIRMS AND THEIR OWNER ARE UNDER INVESTIGATION BY A FEDERAL GRAND JURY, AS WELL AS BY THE INSPECTOR GENERALS OF THE GENERAL SERVICES ADMINISTRATION AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND BY THE WAGE AND HOUR DIVISION OF THE DEPARTMENT OF LABOR.
IT APPEARS THAT A COC WAS NOT REQUESTED (1) BECAUSE THE JAMES COMPANY WAS NOT A SMALL BUSINESS AND (2) BECAUSE THE CONTRACTING OFFICER FOUND IT RESPONSIBLE. THE COC PROCEDURE WOULD HAVE BEEN FOLLOWED ONLY IF THE CONTRACTING OFFICER HAD FOUND THAT THE FIRM WAS A NONRESPONSIBLE SMALL BUSINESS. IN THAT EVENT, REFERRAL TO THE SBA WOULD HAVE BEEN REQUIRED. DEFENSE ACQUISITION REGULATION (DAR) SEC. 1 705.4(C) (1976 ED.).
THE CONTRACTING OFFICER'S SIGNING THE CONTRACT CONSTITUTED AN AFFIRMATIVE DETERMINATION OF THE JAMES COMPANY'S RESPONSIBILITY. DAR SEC. 1-904.1; KLEIN-SIEB ADVERTISING & PUBLIC RELATIONS, INC., B-194553.2, MARCH 23, 1981, 81-1 CPD 214 AT 5. OUR OFFICE DOES NOT REVIEW SUCH DETERMINATIONS IN THE ABSENCE OF A SHOWING OF FRAUD ON THE PART OF PROCURING OFFICIALS OR AN ALLEGATION OF FAILURE TO APPLY DEFINITIVE RESPONSIBILITY CRITERIA. ID. NEITHER IS PRESENT HERE.
THE PROTEST THEREFORE IS DISMISSED.