Waiver of Definitive Responsibility Criterion and Consideration of Late Bid

B-184429 November 21, 1975
Full Decision (PDF, 5 pages)  

Summary

A company protested an award on two bases: (1) improper waiver of a solicitation requirement for a secret security clearance; and (2) an undisclosed late bid was considered for award. The contracting officer's determination of the awardee's responsibility was reasonable, and the question of whether the awardee was in default of contract is a matter of contract administration which is not within the province of GAO. The contractor's beginning performance of the contract using personnel with confidential security clearance adequately met initial needs, and the necessary administrative processing for secret clearance is being accomplished. The record did not show that the agency failed to furnish advice concerning consideration of a late bid and, since the protest was without merit, there was no prejudice to the protester in this matter.