[Protest of FAA Issuance of Delivery Order for Remote Weather Radar Display Equipment]
B-220058.2,B-220058.3: Feb 11, 1986
- Full Report:
A firm protested the Federal Aviation Administration's (FAA) issuance of a delivery order to another firm for remote weather radar display equipment from the Federal Supply Schedule. The protester contended that the FAA order was improper because it exceeded the Schedule's maximum order limitation (MOL). FAA contended that: (1) the contracting officer thought MOL was based on the purchase price for each line item; and (2) since no line item cost exceeded MOL, it believed that the MOL clause had not been breached. Regulations state that agencies may not submit orders and contractors may not accept orders in excess of MOL. GAO held that: (1) FAA had placed an order with the awardee in excess of MOL; (2) a contractor may not ratify an improper order; and (3) the awardee's failure to object to the FAA order in excess of MOL was immaterial; (4) since the FAA award was improper, the protester was entitled to reimbursment for the costs of filing and pursuing its protest; and (5) to conduct a competition now would be impractical since FAA urgently needed the equipment. Accordingly, the protest was sustained, and the protester's request for reconsideration was dismissed as moot.