B-209061, MAR 1, 1983
Highlights
DIGEST: AWARD IS NOT IMPROPER SIMPLY BECAUSE NOTICE OF PROCUREMENT WAS MISCLASSIFIED IN COMMERCE BUSINESS DAILY AND ONLY ONE BID WAS RECEIVED. HARTRIDGE EQUIPMENT CORPORATION: HARTRIDGE EQUIPMENT CORPORATION (HARTRIDGE) PROTESTS AGAINST THE AWARD OF A CONTRACT THAT WAS MADE UNDER INVITATION FOR BIDS (IFB) NO. HARTRIDGE OBJECTS THAT THE NOTICE OF IFB WAS MISCLASSIFIED IN THE COMMERCE BUSINESS DAILY (CBD) WITH THE RESULT THAT IT OVERLOOKED THE PROCUREMENT. HARTRIDGE OBJECTS BECAUSE ONLY ONE BID WAS RECEIVED. AN AWARD IS NOT IMPROPER SIMPLY BECAUSE A PROTESTER DID NOT SEE A NOTICE OF THE IFB IN THE CBD BECAUSE THE NOTICE WAS MISCLASSIFIED. AN AWARD IS NOT IMPROPER SIMPLY BECAUSE ONE BID IS RECEIVED.
B-209061, MAR 1, 1983
DIGEST: AWARD IS NOT IMPROPER SIMPLY BECAUSE NOTICE OF PROCUREMENT WAS MISCLASSIFIED IN COMMERCE BUSINESS DAILY AND ONLY ONE BID WAS RECEIVED.
HARTRIDGE EQUIPMENT CORPORATION:
HARTRIDGE EQUIPMENT CORPORATION (HARTRIDGE) PROTESTS AGAINST THE AWARD OF A CONTRACT THAT WAS MADE UNDER INVITATION FOR BIDS (IFB) NO. M67004-82-B- 0192 ISSUED BY THE MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA, BECAUSE IT DID NOT RECEIVE A COPY OF THE IFB.
HARTRIDGE PROTESTS THE AWARD PRINCIPALLY ON TWO GROUNDS. FIRST, HARTRIDGE OBJECTS THAT THE NOTICE OF IFB WAS MISCLASSIFIED IN THE COMMERCE BUSINESS DAILY (CBD) WITH THE RESULT THAT IT OVERLOOKED THE PROCUREMENT. SECOND, HARTRIDGE OBJECTS BECAUSE ONLY ONE BID WAS RECEIVED.
WE DENY THE PROTEST.
AN AWARD IS NOT IMPROPER SIMPLY BECAUSE A PROTESTER DID NOT SEE A NOTICE OF THE IFB IN THE CBD BECAUSE THE NOTICE WAS MISCLASSIFIED. ALPHA CARPET & UPHOLSTERY CLEANERS, INC., B-200944, FEBRUARY 5, 1981, 81-1 CPD 69. ALSO, AN AWARD IS NOT IMPROPER SIMPLY BECAUSE ONE BID IS RECEIVED. PREVENTIVE HEALTH PROGRAMS, INC., B-195877, JANUARY 22, 1980, 80-1 CPD 63; CULLIGAN INCORPORATED, CINCINNATI, OHIO, 56 COMP.GEN. 1011 (1977), 77-2 CPD 242.
IN SITUATIONS LIKE THE IMMEDIATE CASE, WE UPHOLD THE AWARD IF THERE WAS A SIGNIFICANT EFFORT TO OBTAIN COMPETITION, THERE WAS NO DELIBERATE ATTEMPT TO EXCLUDE THE PROTESTER FROM THE COMPETITION AND A REASONABLE PRICE WAS OBTAINED. ALPHA CARPET & UPHOLSTERY CLEANERS, INC., SUPRA.
HARTRIDGE ADMITS THAT THERE WAS NO DELIBERATE EFFORT TO PRECLUDE IT FROM BIDDING AND IT DOES NOT QUESTION THE REASONABLENESS OF THE CONTRACT PRICE. FURTHER, 10 FIRMS WERE SOLICITED TO BID. THUS, A SIGNIFICANT EFFORT WAS MADE TO OBTAIN COMPETITION. IN THE CIRCUMSTANCES, THERE IS NO BASIS FOR US TO OBJECT TO THE AWARD THAT WAS MADE.