[Protest of Forest Service Corrective Action]
Highlights
A firm protested the Forest Service's implementation of a GAO recommendation pursuant to its sustained protest of Forest Service contract awards for mobile food services, contending that the new cost-technical tradeoff analysis was: (1) inconsistent with the solicitation's evaluation criteria; and (2) made by an individual who lacked the requisite authority. GAO held that the: (1) proper authority approved the source selection decision; and (2) Forest Service fully complied with the GAO recommendation and conducted a reasonable cost-technical tradeoff analysis consistent with the solicitation's evaluation criteria. Accordingly, the protest was denied.
B-213428.2, JAN 13, 1984
DIGEST: PROTESTER'S ALLEGATION THAT MANUFACTURER OF PARTS WOULD NOT AGREE TO SUPPLY THE PARTS DIRECTLY TO PROSPECTIVE BIDDERS IS A PRIVATE MATTER BETWEEN THE PARTIES NOT FOR CONSIDERATION BY GAO.
DIESEL ENERGY SYSTEMS CO.:
DIESEL ENERGY SYSTEMS CO. (DESCO) PROTESTS THE PROPOSED AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. DACA78-83-B-0005 ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS, MIDDLE EAST DIVISION, WINCHESTER, VIRGINIA, FOR PEACE VECTOR II ENGINES.
DESCO ALLEGES THAT WAUKESA, THE ENGINE MANUFACTURER, REFUSED TO QUOTE A PRICE TO DESCO FOR THE ENGINES AND, INSTEAD, REFERRED DESCO TO A DISTRIBUTOR. DESCO CONTENDS THAT, BECAUSE OF WAUKESA'S UNWILLINGNESS TO SELL DIRECTLY, DESCO WAS PUT AT A COMPETITIVE DISADVANTAGE AND FORCED TO BID A HIGHER PRICE THAN IT OTHERWISE WOULD HAVE BEEN ABLE TO BID.
ESSENTIALLY, DESCO IS PROTESTING A MATTER THAT CONCERNS THE BUSINESS PRACTICES OF A PRIVATE COMPANY. SINCE THE PROTEST INVOLVES A DISPUTE BETWEEN PRIVATE PARTIES, IT IS NOT APPROPRIATE FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES (4 C.F.R. SEC. 20 (1983)) AND MUST BE DISMISSED. SEE LAPOINT INDUSTRIES, INC., B-204594, DECEMBER 24, 1981, 81-2 CPD 495.