Protest Alleging That Specification Is Impossible To Perform

A firm protested an award to any firm under an invitation for bids (IFB) for office machine locks. The IFB specified that the lock mechanism had to permit a minimum of 1,000 different key combinations. The protester contended that products offered by the firms that bid would not permit 1,000 combinations and suggested that the requirement was virtually impossible to meet because of the mechanical design of the mechanism. The agency stated that it had purchased locks in the past which permitted 1,000 key combinations. The protester suggested that those locks may never have been tested with respect to whether they met the specification. It did not proffer evidence of this or that the specification was impossible to meet. Speculation on an issue does not meet a protester's burden to affirmatively prove its case. GAO will not disturb a procuring activity's determination of its minimum needs unless it is shown to be without a reasonable basis. Whether a bidder can meet the requirements of the IFB involves the firm's responsibility. GAO does not review protests against affirmative determinations of responsibility unless fraud is alleged or the solicitation contained definitive responsibility criteria which were not applied. Neither exception is involved here. Whether the eventual contractor fulfills its obligation is a matter of contract administration, and thus not for GAO determination. The protest was denied in part and dismissed in part.