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B-409407 1 (2014-04-08)

handle is hein.gao/gaobadqfg0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: JCMCS File: B-409407 Date: April 8, 2014 Conan N. Louis, Esq., CNL Solutions, for the protester. Lt. Col. Brian J. Chapuran, Department of the Army, for the agency. Kenneth Kilgour, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST A below-cost bid is not improper and provides no basis for challenging an award; instead, whether a bidder can perform, even where the bid price is below cost, involves the agency's affirmative determination of that bidder's responsibility, which GAO generally will not review absent circumstances not present here. DECISION JCMCS, of Washington, DC, protests the Department of the Army's award of a contract to M&F Concrete, of Manassas, Virginia, under invitation for bids (IFB) No. W91 QV1 -1 3-B-001 0, for general concrete services at facilities in Virginia and the District of Columbia. The protester argues that M&F's bid price is so low that the agency should have concluded that M&F is not a responsible bidder. We dismiss the protest. The solicitation, set aside for small, disadvantaged business concerns in the Small Business Administration's 8(a) program, sought fixed-price bids for the performance of general concrete work for a base period of one year with four option years. Award was to be made to the low-priced, responsible bidder whose bid was responsive to the terms of the IFB. The agency received sealed bids from ten firms, including JCMCS and M&F. Abstract of Offers. M&F had the lowest bid price of $20,514,321.50, significantly lower than JCMCS's bid, which was the second lowest ($36,374,996). Id. The contracting officer determined that M&F's bid was responsive to the IFB and award

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