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B-182890 1 (1975-02-04)

handle is hein.gao/gaobadcxf0001 and id is 1 raw text is: ~THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-182890 DATE: February 4, 1975 MATTER OF: Inter-Alloys Corporation DIGEST: 1. Allegation that low bidder is nonresponsible because of inadequate past performance will not be considered by GAO, since practice of reviewing bid protests involving contracting officer's affirmative determination of responsibility has been discontinued absent showing of fraud in finding; however, copy of protest has been forwarded to contracting agency and it is assumed that agency will consider allegation in responsibility determination of low bidder. 2. Allegation that decision of Government not to exercise option under prior contract, but to recompete same item under IFB in question, thus affording prior awardee opportunity to rebid option and obtain price increase per unit is not matter for resolution under bid protest procedures and will not be considered on merits. Appro- priateness of exercising option under prior contract is matter of contract administration which is function and responsibility of contracting agency. Inter-Alloys Corporation (I-A) protests the making of an award of a contract under invitation for bids (IFB) DAAK01-75- B-2038, issued by the United States Army Mobility Equipment Command, St. Louis, Missouri, to the G. W. Galloway Company (Galloway). I-A asserts as the basis for its protest that the low bidder, Galloway, is a nonresponsible bidder because of alleged inadequate prior contract performance. Alternatively, I-A contends that the issuance of the IFB in question was improper, as the Government presently holds the option to purchase a specified quantity of the same items under an existing contract with Galloway. Therefore, I-A contends that the Government's decision not to exercise this option has given Galloway the opportunity to rebid its option and obtain a price increase per unit. For the reasons that follow, our Office must decline to consider either allegation on its merits. - 1 -

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