Agency, Not Comptroller, Decides If Offeror Can Perform

Monday, December 03, 2018 9:31 am
December 2018 - Volume 40 Number 12

Dismissed: Responsibility Determination

Matter of: ARI Phoenix, Inc., 2018 U.S. Comp. Gen. B-416878 (October 23, 2018)

The Comptroller General dismissed a protest, stating it is not responsible for ensuring that contract awardees have the ability to properly perform a project. That’s the procuring agency’s job.

In August 2018, the Department of the Army, National Guard Bureau (Army) issued a request for quotations (RFQ) for preventative maintenance and safety inspection of an ARI-Hetra lift system. The RFQ was set aside for small businesses and stated that price was the basis for award.

The Army received three bids in response to the RFQ, including quotes from ARI Phoenix, Inc. (ARI Phoenix) and Atlantic Hoist & Crane, Inc. (Atlantic). The Army awarded the contract to Atlantic because it had the lowest bid. ARI Phoenix protested, claiming Atlantic can’t perform [..]