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B-193630 1 (1979-03-13)

handle is hein.gao/gaobabjka0001 and id is 1 raw text is: tglg5 3V 'it' t..- -'I' I.- COMFTROLLER GENERAL OF THE U4IT-D 5-TATEU WAS!ItI3TOII, D.C. 20543 743w tu1 11- 19 36 30 4- MAR 1 31979 'Pihe lonorablo Dave Durenberger United States Senate Dear Senator I)urenbergors You have correspondence tion, which we once B-193630, protest withou forwardeo for our consideration ci relevant to t', protest by onan decided on Je4ijuary 11, 1979, our In that decision, we dismissed t consideration on the merits. ortain Corpora- refer- onan' a The correspondence which you forwarded hore ex- presses concern over ouy rfusal to review agency determinations op responsibility. It conjectures that ('it is eanier for an agency to make affirmative determi- nations of responsibility, t ward on thc basis of low price and then bail out contractors, than It is for an agency to make an initial determination of nonresponsi- bility.j We disagree. With few exceptions, we no longer review protests ,.involving a procuring agency's dekennination of re- sponsibility because it is largely a discretlonary business Judgment. A procuring agency must suffer any ( delays and d.ficulties stemming from a contractor's nonresponsibiiity, and there is no real purpose i.n its awarding contracts without some basis for concluding that a firm is able to perform. In our opinion) bail out creates more difficulties and delays than alQ ini- tial nonresponsibility determination. Additionally, the courts have held that a party alleging an agency's abuse of discretion through arbitrary determinations munt meot a high standard of proof by showing that the alleged arbitrary action did in fact exist*Q Keco Industries v. United States, 428 F.2d 1233, 1240 (Ct. I .. rl 4 1' t44' .' . 4' ..I a# - * II,- - - 0~~ i\

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