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B-185562 1 (1976-04-08)

handle is hein.gao/gaobaddpv0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL - DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-185562 DATE: April 8, 1976 MATTER OF: Surveillance Systems DIGEST: . 1. GAO agrees with contracting officer's position that, in absence of Government employee involvement in alleged price disclosure to competitor, there is no requirement that allegation be in- vestigated by procuring agency. 2. Protest that successful contractor is not responsible because of lack of integrity will not be considered by GAO. Surveillance Systems (Surveillance) has protested the December 8, 1975, award of a contract to TRB Industries (TRB), the offeror submitting the lowest price under Army request for proposals No. DAAA25-76-R-0050. Surveillance alleges that TRB had knowledge of Surveillance's offered price prior to the date (October 9, 1975) on which proposals were to be submitted under the RFP and that TRB's offered product had been improperly qualified by the Depart- ment.. Finally, Surveillance notes that litigation is pending regarding alleged irregularities committed by a former employee. Because of these assertions, the protest requests that TRB's contract be canceled and an award made to Surveillance, the offeror submitting the second lowest price under the RFP. The Army's contracting officer argues that-it would impose an impossible and undue burden on him to police private business ethics by investigating an allegation of improper price disclosure. Further, the lcontracting officer is of the firm opinion that there was no irregularity on the part of the Government since the alleged discLosure of price was not made by any Government personnel. There is no evidence, in the contracting officer's view, that TRB's units were improperly qualified. He insists that the units passed all required tests and therefore were properly qualified under the Defense Standardization Program. Further, the contracting - 1 -

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