B-212797, SEP 27, 1983
Highlights
DIGEST: PROTEST IS SUMMARILY DENIED WHERE THE PROTESTER HAS FAILED TO STATE A LEGAL BASIS FOR PRECLUDING ANOTHER FIRM FROM BIDDING OR RECEIVING AN AWARD UNDER THE PROTESTED SOLICITATION. IT IS CONTENDED THAT SINCE THE CONTRACTING AGENCY FAILED TO EXERCISE AN OPTION TO EXTEND THE PRIOR TOTAL CONTRACT FOR THESE SERVICES SOLELY BECAUSE TO DO SO WOULD HAVE CAUSED TOTAL TO LOSE MONEY IN PROVIDING THE SERVICES UNDER THE EXERCISED OPTION. TOTAL SHOULD NOT HAVE BEEN PERMITTED TO BID FOR THE IMMEDIATE CONTRACT. SINCE IT IS CLEAR ON THE FACE OF THE PROTEST THAT IT IS WITHOUT MERIT. WE HAVE DECIDED THE PROTEST WITHOUT OBTAINING AN AGENCY REPORT PURSUANT TO 4 C.F.R. THE AGENCY IS REQUIRED TO DRAFT SPECIFICATIONS THAT ASSURE FREE AND FULL COMPETITION AND AWARD A CONTRACT TO THE LOW RESPONSIVE AND RESPONSIBLE BIDDER.
B-212797, SEP 27, 1983
DIGEST: PROTEST IS SUMMARILY DENIED WHERE THE PROTESTER HAS FAILED TO STATE A LEGAL BASIS FOR PRECLUDING ANOTHER FIRM FROM BIDDING OR RECEIVING AN AWARD UNDER THE PROTESTED SOLICITATION.
IBI SECURITY SERVICES, INC.:
TINSMAN & HOUSER, INC., ON BEHALF OF IBI SECURITY SERVICES, INC., PROTESTS THE AWARD OF A CONTRACT TO TOTAL MAINTENANCE, INC. (TOTAL), UNDER FORT SAM HOUSTON INVITATION FOR BIDS NO. DAKF49-83-B-0050. IT IS CONTENDED THAT SINCE THE CONTRACTING AGENCY FAILED TO EXERCISE AN OPTION TO EXTEND THE PRIOR TOTAL CONTRACT FOR THESE SERVICES SOLELY BECAUSE TO DO SO WOULD HAVE CAUSED TOTAL TO LOSE MONEY IN PROVIDING THE SERVICES UNDER THE EXERCISED OPTION, TOTAL SHOULD NOT HAVE BEEN PERMITTED TO BID FOR THE IMMEDIATE CONTRACT. WE SUMMARILY DENY THE PROTEST.
SINCE IT IS CLEAR ON THE FACE OF THE PROTEST THAT IT IS WITHOUT MERIT, WE HAVE DECIDED THE PROTEST WITHOUT OBTAINING AN AGENCY REPORT PURSUANT TO 4 C.F.R. SEC. 21.3(G) (1983).
UNDER THE STATUTE GOVERNING THIS PROCUREMENT, 10 U.S.C. SEC. 2305 (1982), THE AGENCY IS REQUIRED TO DRAFT SPECIFICATIONS THAT ASSURE FREE AND FULL COMPETITION AND AWARD A CONTRACT TO THE LOW RESPONSIVE AND RESPONSIBLE BIDDER. WE ARE NOT AWARE OF ANY PRINCIPLE PRECLUDING A FIRM, SUCH AS TOTAL, FROM BIDDING ON A CONTRACT AND RECEIVING AN AWARD WHERE IT IS THE LOW RESPONSIVE AND RESPONSIBLE BIDDER, IRRESPECTIVE OF WHETHER AN OPTION UNDER ITS PRIOR CONTRACT SHOULD HAVE BEEN EXERCISED.