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B-290981 1 (2002-10-22)

handle is hein.gao/gaocrptaohr0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: XO Communications, Inc. File: B-290981 Date: October 22, 2002 John E. Jensen, Esq., Jack Y. Chu, Esq., and Steven McLain, Esq., Shaw Pittman, for the protester. David W. Burgett, Esq., Michael J. Vernick, Esq., and S. Gregg Kunzi, Esq., Hogan & Hartson, for Qwest Corporation, an intervenor. Michael J. Ettner, Esq., General Services Administration, for the agency. Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that protester was nonresponsible where, in making the nonresponsibility determination immediately prior to the protester's bankruptcy filing, the contracting officer performed a detailed financial review which established that the firm's unsatisfactory and deteriorating financial condition made it an unacceptable financial risk; the contracting officer had recognized the implications of an anticipated bankruptcy filing and reasonably concluded that it was unlikely that the bankruptcy reorganization plan would significantly reduce the financial risk, and that, even if successful, the bankruptcy reorganization was itself likely to create contract performance risk. DECISION XO Communications, Inc. protests an award to Qwest Corporation under request for proposals (RFP) No. TQD-SC-01-1027, issued by the General Services Administration for telecommunications services for federal agencies and other authorized users in the Salt Lake City metropolitan area. XO objects to the agency's determination that XO is not a responsible prospective contractor. We deny the protest. The RFP, issued electronically on August 6, 2001, contemplated the award of one or more contracts for a 4-year base period with four 1-year options. The RFP provided for one award to the responsible offeror submitting the technically acceptable proposal with the lowest total offered price, and for the possible consideration of

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