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B-187526 1 (1976-11-02)

handle is hein.gao/gaobadefy0001 and id is 1 raw text is: Lf THE COMIVPTROL.WA GENERAL o D1ECISICN ODF.THE UNJTiLW10 STATL07 WASHINGTON, D. Q. 20546 FILE; B-187526 DATE: Noverter 2, 1976 MATTER OF: Arvol D. Hays Construction Company DIGEST: Protester alleges that large number of low bids $Audicates that bidders did not understand scope and complexity of contract or that TFB was defective. However, there is no legal basis to preclude or dis- tucb contract award mrrey.because other bidders may have submitted bids w ich protester believes are too . low, Dinparity in bidprices does not automatically indicate defects in IFB. Arvol D. Hays Construction Company (Hays) protests award to any othey firm under invtationfor bids (IF3) No. D4CA63- 76-B-0216,iasued by Fort Sam Houson, Texas, The protester claima tha! other bids were too low in that some bidders apparently underestimated the scope of the work and did not properly consider the manpower and facilities necessary for performance of tha contract, Hays alternatively contendu that the number of allegedly extremely low bids indicates that the IFB may be defective. Regarding the allegation \that other bid prices were too low to meet the purposes of the contract,,we have repeatedly hold that we are aware of no legal principle on the basis of which an award may be precluded or disturbed merely because the low bidder submitted a below cost bid. Caltex Engineering Co., E-186525, June 2, 1976, 76-1:CPD 3:. To properly reject a bid as being extremely low would require a determination .that the bidder was nonresponsible. A.C. Electronics, Incj. 8-185553, Nay 3, 1976, 76-1 CPD 295. While it does not appear. that the contracting officer has yet made a determinatior. as to the responsibility of the lowbidder, it should be nrjted that this Office does not review protests concerning affirmative determinations of responsibility, absent.allegations of fraud on the part of contracting officials or of the failure to m- - 4'e

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