B-228558, Oct 29, 1987, 87-2 CPD 415
Highlights
Allegation that awardee did not give sufficient thought or research to items in request for quotations and will be unable to perform the contract concerns a bidder's responsibility. The affirmative determination of which is not considered by General Accounting Office except under limited circumstances not present here. Whether an awardee's performance actually conforms to the terms of the contract is a matter of contract administration which is the responsibility of the contracting agency. Which is not within the purview of the General Accounting Office's bid protest function. A bidder's ability to meet its contractual obligation at the price offered is a matter of the firm's responsibility.
B-228558, Oct 29, 1987, 87-2 CPD 415
PROCUREMENT - Contractor Qualification - Responsibility - Contracting Officer Findings - Affirmative Determination - GAO Review DIGEST: 1. Allegation that awardee did not give sufficient thought or research to items in request for quotations and will be unable to perform the contract concerns a bidder's responsibility, the affirmative determination of which is not considered by General Accounting Office except under limited circumstances not present here. PROCUREMENT - Contract Management - Contract Administration - Contract Terms - Compliance - GAO Review 2. Whether an awardee's performance actually conforms to the terms of the contract is a matter of contract administration which is the responsibility of the contracting agency, which is not within the purview of the General Accounting Office's bid protest function.
Industrial Laser Service & Supply:
Industrial Laser Service & Supply (ILSS) protests the award of a contract to RGB Laser (RGB), the low quoter under Department of the Army Request for Quotations DAADO5-87-Q6725 for maintenance services for lasers. ILSS alleges that RGB did not give sufficient thought or research to the items of travel, labor, and specific services requested in the solicitation, and therefore, made erroneous calculations of the work necessary to perform the contract. ILSS contends that this failure by RGB makes RGB unable to fulfill the terms of the contract.
A bidder's ability to meet its contractual obligation at the price offered is a matter of the firm's responsibility. CORE International, Inc., B-225640, Jan. 21, 1987, 87-1 CPD Para. 78. Prior to awarding the contract to RGB, the contracting officer determined RGB to be responsible. The General Accounting Office does not review protests of affirmative determinations of responsibility absent a showing that it may have been made fraudulently or in bad faith or that definitive responsibility criteria set out in the solicitation were not met. C.F.R. Sec. 21.3(f)(5) (1987). Neither exception applies here.
Further, whether the awardee actually performs the contract according to its terms is a matter of contract administration. CORE International Inc., B-225640, supra. We do not review such matters because they are the responsibility of the procuring agency, 4 C.F.R. Sec. 21.3(f)(1), and are not within the purview of our bid protest function.
The protest is dismissed.