B-201724, FEB 23, 1981
Highlights
DIGEST: PROTEST WHICH ESSENTIALLY INVOLVES DISPUTE BETWEEN PRIVATE PARTIES CONCERNING THEIR BUSINESS PRACTICES IS NOT FOR CONSIDERATION UNDER GAO'S BID PROTEST PROCEDURES. BREWSTER WAS EMPLOYED BY BROWN FOR THE PAST 2 1/2 YEARS AS ITS TECHNICAL REPRESENTATIVE ON THE PREDECESSOR CONTRACTS TO THE ONE WHICH IS THE SUBJECT OF THE INSTANT PROTEST. MATERIAL AND SUPPLIES WHICH ARE BROWN'S PROPERTY AND WITHOUT WHICH THE CONTRACT ALLEGEDLY CANNOT BE PERFORMED. THE PROTEST IS DISMISSED. AT THIS POINT ANY QUESTION REGARDING BROWN'S ENTITLEMENT TO PAYMENT FOR SUCH SERVICES IS A MATTER FOR RESOLUTION BETWEEN BROWN AND THE AIR FORCE.
B-201724, FEB 23, 1981
DIGEST: PROTEST WHICH ESSENTIALLY INVOLVES DISPUTE BETWEEN PRIVATE PARTIES CONCERNING THEIR BUSINESS PRACTICES IS NOT FOR CONSIDERATION UNDER GAO'S BID PROTEST PROCEDURES.
TED R. BROWN & ASSOCIATES, INC.:
TED R. BROWN AND ASSOCIATES, INC., PROTESTS THE AWARD OF A CONTRACT TO ROGER M. BREWSTER, D.B.A. AMTEK ENGINEERING AND MANUFACTURING, UNDER SOLICITATION NO. F42650-80-R3745, ISSUED BY HILL AIR FORCE BASE, UTAH.
BROWN ALLEGES THAT MR. BREWSTER WAS EMPLOYED BY BROWN FOR THE PAST 2 1/2 YEARS AS ITS TECHNICAL REPRESENTATIVE ON THE PREDECESSOR CONTRACTS TO THE ONE WHICH IS THE SUBJECT OF THE INSTANT PROTEST. AS SUCH, BROWN CONTENDS THAT MR. BREWSTER HAD ACCESS TO BROWN'S PRICING INFORMATION, ENABLING HIM TO REASONABLY PROJECT THE AMOUNT BROWN WOULD BID. BROWN FURTHER CONTENDS THAT MR. BREWSTER HAS IN HIS POSSESSION CERTAIN EQUIPMENT, MATERIAL AND SUPPLIES WHICH ARE BROWN'S PROPERTY AND WITHOUT WHICH THE CONTRACT ALLEGEDLY CANNOT BE PERFORMED.
THESE ALLEGATIONS ESSENTIALLY RELATE TO A DISPUTE BETWEEN PRIVATE PARTIES CONCERNING THEIR BUSINESS PRACTICES. WE DO NOT CONSIDER THOSE TYPES OF ALLEGATIONS UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1980). COMPUTER SCIENCE CORPORATION, B-194286.3, JULY 3, 1979, 79-2 CPD 5; B. F. GOODRICH COMPANY, B-192602, JANUARY 10, 1979, 79-1 CPD 11.
THE PROTEST IS DISMISSED.
BROWN ALSO EXPRESSES CONCERN THAT THE AIR FORCE MIGHT PAY MR. BREWSTER FOR SERVICES RENDERED BY BROWN "THROUGH BREWSTER'S ACTIVITY." HOWEVER, AT THIS POINT ANY QUESTION REGARDING BROWN'S ENTITLEMENT TO PAYMENT FOR SUCH SERVICES IS A MATTER FOR RESOLUTION BETWEEN BROWN AND THE AIR FORCE.
BROWN HAS REQUESTED A CONFERENCE IN OUR OFFICE ON THESE MATTERS. HOWEVER, UNDER THE CIRCUMSTANCES, WE DO NOT BELIEVE A CONFERENCE WOULD SERVE ANY USEFUL PURPOSE.