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B-193001 1 (1978-10-30)

handle is hein.gao/gaobadgox0001 and id is 1 raw text is: I A 101 THE COMPTROLLER Off: -44AL DECISION OP THU UNITED *TATEU 2 SNHINGTON, D.C. RO548 FILE: B-193001 DATE: October 30, 1978 MATTER OF: Stancil-Hoffman Corporation DIGEST: Allegation that contractor will not satisfactorily perform contract because it allegedly submitted a below-cost bid constitutes protest against agency's affirmative determination of responsi- bility and is not for review by GAO absent circumstances not present here. Stancil-Hoffman Corporation (Stancil-Hoffman) protests award of contract No. F04606-78-C-115 by Mcclellan Air Force Base, California, to Video Research Corporation (Video) for 20 channel voice recorder/ reproducer systems. Stancil-Hoffman contends that Video's bid constitutes a buy-in and that such a bi is pro- hibited by Defense Acquisition Regulation .(DAR) 5 1-311 (1976 ed.) which states that the Department of Defense does not favor buying-in. Stancil- Hoffman also asserts that Video will not be able to supply the systems as required in the snecifications at the contract price. Although DAR S 1-311 discourages buying-in, the practice is not illegal and does not preclude the Government's acceptance of a below-cost bid. Sde Allied Technolo y, Inc., B-185866, July 12, 1976, YV2 CPb 34. -Thus, the fact that a low bidder may incur a loss at its bid price does not justify rejecting an otherwise acceptable bid. Inter-Con Security Systems, Inc., B-189165, June 15, 1977, 77-1 CPD 434. However, the regulation does caution contracting officers to assure that amounts excluded II