Protest against Restrictive Procurement Procedures under Basic Ordering Agreement
Highlights
Protests against procurement procedures used in awarding orders under a Basic Ordering Agreement (BOA) were based on contentions that procedures were unduly restrictive of competition. The procedures were unduly restrictive in the following respects: coding of spare parts to require sole-source procurement under an "approved source" system improperly precluded consideration of offers from previously unapproved sources which could otherwise qualify; disqualification of a firm on the basis that another may furnish items of superior quality was an invalid prequalification procedure; use of the BOA to exclude previously unapproved suppliers contravened regulations; and circumstances of the procurement did not relieve the agency of its obligation to publish procurement synopses in the Commerce Business Daily in the timeframe prescribed by regulations.