M&M Welding & Fabricators, Inc.

B-271750 Jul 24, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Is a component of the contracting officer's affirmative determination of responsibility. Protest that agency unreasonably determined that the awardee satisfied a definitive responsibility criterion is denied where the record supports the agency's determination that the bidder exhibited a level of achievement either equal to or in excess of the specific criterion. The successful contractor here is required to investigate and determine the exact quantity of tubes required to "completely retube" the boiler. 000 was the lowest priced of the 10 bids received. M&M's agency-level protest was denied. The firm filed the instant protest in our Office. [1] Definitive responsibility criteria are specific and objective standards established by an agency for use in a particular procurement to measure a bidder's ability to perform the contract. View Decision Matter of: M&M Welding & Fabricators, Inc. File: B-271750 Date: July 24, 1996 Solicitation provision requiring bidders to be regularly engaged in the installation and service of coal/gas-fired boilers does not constitute a definitive responsibility criterion--since it does not set out a specific, objective standard for determining a bidder's capability to perform--but is a component of the contracting officer's affirmative determination of responsibility, and thus not for consideration by General Accounting Office. Protest that agency unreasonably determined that the awardee satisfied a definitive responsibility criterion is denied where the record supports the agency's determination that the bidder exhibited a level of achievement either equal to or in excess of the specific criterion. Attorneys DECISION M&M Welding & Fabricators, Inc. protests the award of a contract to American Combustion Industries, Inc. (ACI) under invitation for bids (IFB) No. 9639, issued by the Architect of the Capitol for the retubing of one or more coal/gas-fired boilers in the United States Capitol Power Plant, Washington, D.C. M&M argues that the agency unreasonably determined that ACI satisfied the solicitation's definitive responsibility criteria. We deny the protest. The boilers contain numerous water pipes which, over time, corrode, weaken, and leak. The successful contractor here is required to investigate and determine the exact quantity of tubes required to "completely retube" the boiler; remove the existing tubes and replace them with new tubes; and perform various associated tasks. The solicitation includes the following paragraph under the heading, "Qualification of Bidders": "Firms shall be regularly engaged in the installation and service of coal/gas-fired boilers. Each bidder shall furnish a list of not less than three (3) similar boiler rehabilitation projects (at least one of which must be a steam boiler) completed satisfactorily by the Contractor during the past five (5) years. . . . " ACI's bid of $920,000 was the lowest priced of the 10 bids received. After contacting ACI's references, the agency determined that the firm met the IFB's qualifications and awarded ACI the contract. M&M's agency-level protest was denied, and the firm filed the instant protest in our Office. [1] Definitive responsibility criteria are specific and objective standards established by an agency for use in a particular procurement to measure a bidder's ability to perform the contract. Federal Acquisition Regulation Sec. 9.104-2. These special standards of responsibility limit the class of bidders to those meeting specified qualitative and quantitative qualifications necessary for adequate contract performance. Topley Realty Co., Inc., 65 Comp.Gen. 510 (1986), 86-1 CPD para. 398. In its report to our Office, the agency took the position that the IFB's qualification provision contained two definitive responsibility criteria: first, regular engagement in the installation and service of coal/gas- fired boilers; and, second, a listing of not less than three similar boiler rehabilitation projects. The agency subsequently shifted its view, and now maintains that the first component of the qualification provision--regular engagement in the installation and service of coal/gas- fired boilers--is not a definitive responsibility criterion because it is not a specific and objective standard. The agency does not dispute that the second component of the qualification is a definitive responsibility criterion. The agency is correct. The requirement that a bidder be "regularly engaged in the business" merely advises potential bidders that past performance will be considered in deciding whether the contractor has the capacity to perform in a satisfactory manner. Rolen-Rolen-Roberts Int'l; Rathe Prods., Inc./Design Prod., Inc., B-218424 et al., Aug. 1, 1985, 85-2 CPD para. 113; E.J. Murray Co., Inc.; W.M. Schlosser Co., Inc., B-212107, B-212107.2, Mar. 16, 1984, 84-1 CPD para. 316.