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B-211041, MAR 23, 1983

B-211041 Mar 23, 1983
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OUR OFFICE WILL CONSIDER PROTESTS ONLY INVOLVING SPECIFIC PROCUREMENT ACTIONS. IF THE PROTEST OF THE PAST PROCEDURES IN QUESTION WERE TO BE MADE NOW UNDER THE SPECIFIC SOLICITATIONS. IKARD'S RECOURSE IS TO PURSUE ITS DISCLOSURE REMEDIES UNDER THE PROCEDURES PROVIDED BY FOIA.

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B-211041, MAR 23, 1983

DIGEST: 1. UNDER BID PROTEST PROCEDURES, GAO CONSIDERS THE PROPRIETY OF AN AWARD OR PROPOSED AWARD, AND NOT, AS HERE, GENERAL ALLEGATIONS THAT THE AGENCY FAILED TO FOLLOW PROCEDURES UNDER PAST AND PRESENT PROCUREMENTS. 2. GAO HAS NO AUTHORITY UNDER THE FREEDOM OF INFORMATION ACT TO DETERMINE WHEN OR WHAT INFORMATION MUST BE DISCLOSED BY GOVERNMENT AGENCIES.

IKARD MANUFACTURING COMPANY:

IKARD MANUFACTURING COMPANY (IKARD) PROTESTS ALL PROCUREMENT ACTIONS OF THE REPAIR PARTS DIVISION OF THE UNITED STATES ARMY MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA (ARMY), DURING THE PERIOD MARCH 1, 1982, TO THE PRESENT. WITHOUT REFERRING TO ANY PARTICULAR SOLICITATION, IKARD ALLEGES THAT, DURING THIS PERIOD, THE ARMY FAILED TO AWARD CONTRACTS CONSISTENT WITH APPLICABLE PROCUREMENT REGULATIONS.

WE DISMISS THE PROTEST.

IN RESOLVING PROTESTS UNDER THE BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1982), OUR OFFICE WILL CONSIDER PROTESTS ONLY INVOLVING SPECIFIC PROCUREMENT ACTIONS, I.E., WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. COONROD AND WALZ CONSTRUCTION CO., INC., B-206019, FEBRUARY 4, 1982, 82-1 CPD 90; MARKARIAN BROS. & ASSOCIATES, B-198355, MAY 19, 1980, 82-1 CPD 37.

SINCE IKARD PROTESTS THE PROPRIETY OF THE ARMY'S PROCUREMENT PROCEDURES GENERALLY AND NOT SPECIFIC PROCUREMENT ACTIONS, AN AUTHORITATIVE DECISION CANNOT BE PROVIDED. MARKARIAN BROS. & ASSOCIATES, SUPRA; COLUMBUS JACK CORPORATION, B-179526, MARCH 14, 1974, 74-1 CPD 136. FURTHER, A PROTEST OF A SPECIFIC PROCUREMENT ACTION MUST BE FILED TIMELY UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2 (1982), AND, IF THE PROTEST OF THE PAST PROCEDURES IN QUESTION WERE TO BE MADE NOW UNDER THE SPECIFIC SOLICITATIONS, IT WOULD APPEAR TO BE UNTIMELY.

IKARD ALSO ALLEGES THAT THE ARMY HAS FAILED TO RESPOND TO REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (FOIA). OUR OFFICE HAS NO AUTHORITY UNDER FOIA TO DETERMINE WHEN OR WHAT INFORMATION MUST BE DISCLOSED BY GOVERNMENT AGENCIES. IKARD'S RECOURSE IS TO PURSUE ITS DISCLOSURE REMEDIES UNDER THE PROCEDURES PROVIDED BY FOIA. FOREIGN EXCHANGE SERVICE - DULLES, B-209017, OCTOBER 21, 1982, 82-2 CPD 356.

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