Responsibility Determination Reasonable Where Awardee’s Previous Noncompliance Attributable to Ambiguous Contract Language; GAO B-414445, Fidelis Logistic and Supply Services
Protest challenging the agency’s affirmative responsibility determination for the awardee is denied, where the contracting officer considered the awardee’s noncompliance with fuel sourcing requirements under a previous delivery order and reasonably attributed the problem to ambiguous contract language, and where allegations of illegal conduct and potential debarment were not supported by evidence before the CO; and protest that the awardee would not be able to comply with the delivery order’s requirements is denied, where the CO already considered the reasons for the awardee’s previous noncompliance with fuel sourcing limitations, and where the contact provided that offerors were responsible for their own security, but did not require offerors to contract with any specific security entity.
