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B-195963 1 (1980-01-10)

handle is hein.gao/gaobadhwc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL. DECISION . OF THE UNITED STATES W A.S*H I NWASHINGTON, D.C. 20548 FILE: B-195963 DATE: January 10, 1980 MATTER OF: The Nedlog Company A DIGEST: 1. Bid that did not take exception to any IFB requirements properly was found responsive. 2. Protest that bidder cannot perform at bid price is dismissed, since bidder was determined to be responsible, and GAO does not review affirmative deter- minations of responsibility except under circumstances not applicable here. Moreover, whether contract requirements in fact are met is matter of contract administration, which is function of contracting agency, not GAO. 3. Acceptance of bid that competitor argues is below-cost is not improper where bid- der is determined to be responsible. The Nedlog Company (Nedlog) protests the award of a contract to C&L Enterprises (C&L) under invitation for bids (IFB) No. DABT31-79-B-0139 issued by the -nepartmnt (GP of the Army for supplying four flavors of noncarbonated beverages, and furnishing,-installing and maintaining the beverage dispensers. Nedlog first contends that laboratory tests which it initiated show that the bever- ages offered by C&L do not meet the IFB's specifications with respect to natural. fruit juice content, and the bid therefore should have been rejected as nonresponsive. Second, Nedlog states that it has ascertained that al- though C&L's beverages are labeled as being sugar-sweetened as required by the IFB, they in fact contain corn sweet- eners; Nedlog protests that such alleged mislabeling violates U.S. Food and Drug Administration (FDA) regulations. Finally, Nedlog questions the ability of C&L to profitably deliver even acceptable beverages at the stated bid price. I I 4,. 1'e LP LLC&A~t-AJ 'T9 0 N-f-v () eel Cd ( J PC Ic ili

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