Protest Alleging Nonresponsible Low Bidder

A firm protested the award of a Defense Construction Supply Center contract to the apparent low bidder. The protester alleged that the low bidder should not be considered a responsible bidder, because it cannot comply with certain solicitation requirements. Such a contention is a matter of bidder responsibility which is a judgment made by the contracting officer prior to contract award. GAO generally will not review a protest of an affirmative determination of responsibility unless there is a showing of fraud or bad faith on the part of procuring officials, or the solicitation contains definitive responsibility criteria which allegedly have not been applied. Since neither exception was present here, the protest was dismissed.