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B-184429 1 (1975-11-21)

handle is hein.gao/gaobadcsi0001 and id is 1 raw text is: c' ~ THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, O'.C. 20548 TV 7 FILE: B-184429 DATE: November 21, 1975 MATTER OF: ENSEC Service Corporation DIGEST: 1. Where it is alleged that definitive responsibility criterion-- IFB security clearance requirement--was waived, contracting officer's affirmative determination of responsibility is for review on merits. Determination was supported by objective evidence before contracting officer, who had received infor- mation from bidder that adequate personnel working at nearby facilities could be used to perform contract, and that prede- cessor contractor's qualified personnel might also be hired. GAO has no objection to determination in view of facts of record and absence of evidence from protester demonstrating that determination lacked reasonable basis. 2. Whether guard services contractor is, as protester claims, in default of contract is matter of contract administration, which is function of contracting agency, not GAO. In any event, contracting officer states that contractor beginning performance using personnel with Confidential security clear- ances adequately meets initial needs under contract; that necessary administrative processing to transfer Secret clear- ances from old to new contractor is being accomplished; and that in event Secret tests or equipment are utilized at site, contractor has capability to furnish Secret-cleared personnel. 3. Advertised procurement is open and public to protect interests of both Government and bidders. Agency's position that no regulation obliged it to notify apparently successful bidder of fact that undisclosed late bid was being considered for award is not persuasive justification-for declining to pro- vide information where apparently successful bidder makes several preaward inquiries attempting to ascertain procure- ment status. Record does not show whether there was actual failure to furnish advice, or merely poor communication. But procurement officials should be sensitive to position of bid- der and make reasonable efforts to respond to inquiries. - 1- PUBLISHED DECISION 55 Comp. Gen. ......

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