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B-193659 1 (1979-01-23)

handle is hein.gao/gaobadgvo0001 and id is 1 raw text is: THE COIPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 2054S FILE: B-.93659 DATE: January 2 -19 MATTER OF: C umbia Loose-Leaf Corporation DIGEST: e LA 1. No legal basis exists to preclude contract award merely because low bidder may have submitted below cost bid. 2. Allegations that low bidder does not under- stand solicitation requirements and cannot meet delivery schedule involve bidder's responsibility, affirmative determination of which is not reviewed by GAO except in cases of fraud or misapplication of defini- tive responsibility criteria set forth in solicitation. Columbia Loose-Leaf Corporation (Columbia) protests the proposed award of contract to Norwood Industries (Norwood), the low bidder, under solicitation No. FPO- EC-50090-A, issued by the General Services Administra- tion. Columbia, the second low bidder, alleges Norwood's bid is unreasonably low, evidencing Norwood's failure to understand the requirements of the solicitation and that Norwood will be unable to meet the contract delivery schedule because it will be unable to obtain required materials. We have repeatedly held that the mere fact a bidder may have submitted a below cost bid does not constitute a legal basis for precluding or disturbing a contract award. Swedlow, Inc., B-191629, May 8, 1978, 78-1 CPD 345, citing B-178928, July 17, 1973 and 50 Comp. Gen. 788 (1971). The allegation concerning Norwood's understanding of the requirements relates to Norwood's responsibility as a prospective contractor. See Columbia Loose-Leaf Corporation, B-184645, September 12, 1975, 75-2 CPD 147.

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