B-211908, JUN 20, 1983
Highlights
DIGEST: FACT THAT BIDDER ENJOYS COMPETITIVE ADVANTAGE BECAUSE IT IS THE OWNER OF A DISTRIBUTORSHIP FOR MATERIAL NEEDED FOR THE CONTRACT IS NOT AN UNFAIR ADVANTAGE THAT THE GOVERNMENT IS REQUIRED TO EQUALIZE AMONG BIDDERS. IS A SUPPLIER OF A MATERIAL NECESSARY FOR THE SUBJECT CONTRACT. WE HAVE RECOGNIZED. THE GOVERNMENT IS NOT OBLIGATED TO EQUALIZE THE COMPETITIVE POSITION OF ALL POTENTIAL BIDDERS. THE PROTEST IS SUMMARILY DENIED.
B-211908, JUN 20, 1983
DIGEST: FACT THAT BIDDER ENJOYS COMPETITIVE ADVANTAGE BECAUSE IT IS THE OWNER OF A DISTRIBUTORSHIP FOR MATERIAL NEEDED FOR THE CONTRACT IS NOT AN UNFAIR ADVANTAGE THAT THE GOVERNMENT IS REQUIRED TO EQUALIZE AMONG BIDDERS.
RODENBERG'S FLOOR COATINGS, INC.:
RODENBERG'S FLOOR COATINGS, INC. PROTESTS THE AWARD OF ANY CONTRACT TO T.S. HEAD & ASSOCIATES UNDER INVITATION FOR BIDS NO. DAHA28-83-B 0008 ISSUED BY THE AIR FORCE TO MAINTAIN A HANGAR FLOOR. WE DISMISS THE PROTEST.
THE PROTESTER ARGUES THAT T.S. HEAD HAS AN UNFAIR COMPETITIVE ADVANTAGE BECAUSE IT OWNS A DISTRIBUTORSHIP FOR CRAWFORD LABORATORIES WHICH, ACCORDING TO THE PROTESTER, IS A SUPPLIER OF A MATERIAL NECESSARY FOR THE SUBJECT CONTRACT. RODENBERG ALLEGES THAT T.S. HEAD THUS HAS AN UNFAIR ADVANTAGE IN PURCHASING MATERIALS FOR THE CONTRACT AND IN THE COMPETITION FOR THE AWARD.
WE HAVE RECOGNIZED, HOWEVER, THAT A FIRM MAY ENJOY A COMPETITIVE ADVANTAGE BY VIRTUE OF ITS OWN PARTICULAR CIRCUMSTANCES. DEERE & COMPANY, B-206453.2, NOVEMBER 1, 1982, 82-2 CPD 392. THE GOVERNMENT IS NOT OBLIGATED TO EQUALIZE THE COMPETITIVE POSITION OF ALL POTENTIAL BIDDERS. CRAIG FOOD ENTERPRISES, INC., B-208616, SEPTEMBER 15, 1982, 82-2 CPD 228.
THE PROTEST IS SUMMARILY DENIED.