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B-266025 1 (1996-01-17)

handle is hein.gao/gaocrptadtt0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Mine Safety Appliances Company File: B-266025 Date: January 17, 1996 J. Eric Andre, Esq., Howrey & Simon, for the protester. Kenneth B. Weckstein, Esq., and Shlomo D. Katz, Esq., Epstein, Becker & Green, for The Canadian Commercial Corporation/Racal Filter Technologies, Limited, an interested party. Joseph M. Pichiotti, Esq., and Jeffrey I. Kessler, Esq., Department of the Army, for the agency. Tania L. Calhoun, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting officer's affirmative determination of responsibility was made with such willful disregard of the prospective awardee's record of prior performance as to constitute bad faith is denied where the record does not support this allegation. DECISION Mine Safety Appliances Company (MSA) protests the award of a contract to The Canadian Commercial Corporation/Racal Filter Technologies, Limited under invitation for bids (IFB) No. DAAE20-95-B-0247, issued by the Department of the Army for the production and delivery of gas mask filter canisters. MSA alleges that the Army's affirmative determination of Racal's responsibility was made in bad faith. We deny the protest. The Army issued this solicitation on May 22, 1995, to acquire 472,038 C-2A1 filter canisters for M43 series gas masks. MSA and Racal have been the only providers of these canisters to the Army under the eight contracts awarded since 1989. The most recent contracts have been awarded to Racal, with the last one awarded on June 8, 1992. Racal and MSA were the only firms submitting bids in response to this solicitation, and Racal was the apparent low bidder. After the contracting officer determined that the firm was responsible, Racal was awarded the contract on August 25. This protest followed. MSA contends that Racal has a recent history of seriously deficient contract performance under its prior contracts for these canisters which, the protester 1201223

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