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DIGEST: ALLEGATIONS THAT A BIDDER DOES NOT HAVE THE NECESSARY FACILITIES. THE AFFIRMATIVE DETERMINATION OF WHICH IS NOT REVIEWED BY GAO EXCEPT IN CIRCUMSTANCES NOT APPLICABLE HERE. WEAVER ALLEGES THAT TMI DOES NOT HAVE THE EXPERIENCE. THE ABILITY OF A BIDDER TO PERFORM A CONTRACT IS A MATTER FOR THE CONTRACTING OFFICER'S JUDGMENT IN DETERMINING THE BIDDER'S RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR. OUR OFFICE DOES NOT REVIEW A CONTRACTING AGENCY'S AFFIRMATIVE DETERMINATION OR RESPONSIBILITY UNLESS EITHER POSSIBLE FRAUD IS SHOWN ON THE PART OF THE PROCURING AGENCY OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. NEITHER EXCEPTION IS APPLICABLE HERE.

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B-210652, FEB 9, 1983

DIGEST: ALLEGATIONS THAT A BIDDER DOES NOT HAVE THE NECESSARY FACILITIES, EXPERIENCE OR PERSONNEL TO PERFORM A CONTRACT AND THAT THE BIDDER COULD NOT PERFORM AT ITS BID PRICE INVOLVE THE RESPONSIBILITY OF THE BIDDER, THE AFFIRMATIVE DETERMINATION OF WHICH IS NOT REVIEWED BY GAO EXCEPT IN CIRCUMSTANCES NOT APPLICABLE HERE.

WEAVER SHIPYARD & DRYDOCK, INC.:

WEAVER SHIPYARD & DRYDOCK, INC., (WEAVER) PROTESTS THE NAVY'S DECISION TO AWARD A CONTRACT TO TRI-MARINE INDUSTRIES, INC. (TMI) UNDER REQUEST FOR PROPOSALS NO. N00024-83-R-2025 FOR 35-FOOT SEA SHEDS.

WEAVER ALLEGES THAT TMI DOES NOT HAVE THE EXPERIENCE, PRODUCTION FACILITIES OR PERSONNEL TO PERFORM THIS CONTRACT. WEAVER ALSO CONTENDS THAT TMI CANNOT PERFORM THE CONTRACT AT ITS LOW BID PRICE. WE DISMISS THE PROTEST.

THE ABILITY OF A BIDDER TO PERFORM A CONTRACT IS A MATTER FOR THE CONTRACTING OFFICER'S JUDGMENT IN DETERMINING THE BIDDER'S RESPONSIBILITY AS A PROSPECTIVE CONTRACTOR. OUR OFFICE DOES NOT REVIEW A CONTRACTING AGENCY'S AFFIRMATIVE DETERMINATION OR RESPONSIBILITY UNLESS EITHER POSSIBLE FRAUD IS SHOWN ON THE PART OF THE PROCURING AGENCY OR THE SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA WHICH ALLEGEDLY HAVE NOT BEEN APPLIED. C.R.DANIELS, INC., B-207937, JULY 1, 1982, 82-2 CPD 13. NEITHER EXCEPTION IS APPLICABLE HERE.

TMI'S SUBMISSION OF A BELOW-COST BID IS NOT ITSELF A BASIS TO CHALLENGE THE VALIDITY OF A CONTRACT AWARD. AMERICAN MUTUAL PROTECTIVE BUREAU, B-208067, JULY 16, 1982, 82-2 CPD 52. WHETHER A BIDDER CAN PERFORM AT ITS BID PRICE IS ONE OF THE MATTERS CONSIDERED BY THE CONTRACTING OFFICER IN DETERMINING RESPONSIBILITY. AS INDICATED ABOVE, WE WILL NOT REVIEW THAT DETERMINATION HERE.

THE PROTEST IS DISMISSED.

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