B-215049, MAY 25, 1984
Highlights
DIGEST: GAO WILL NOT REVIEW PROTEST THAT GOVERNMENT SHOULD PROCURE SERVICES FROM PARTICULAR FIRM ON A SOLE-SOURCE BASIS. BECAUSE THE SPECIFICATIONS NECESSARY TO REPAIR THE PARTS ARE PROPRIETARY TO THE LESLIE COMPANY AND IT WILL NOT SELL PARTS TO OTHER FIRMS. THIS IS SO EVEN WHERE THE PROTESTER CLAIMS THAT ITS PROPRIETARY POSITION MAKES IT THE ONLY FIRM QUALIFIED TO DO THE WORK.
B-215049, MAY 25, 1984
DIGEST: GAO WILL NOT REVIEW PROTEST THAT GOVERNMENT SHOULD PROCURE SERVICES FROM PARTICULAR FIRM ON A SOLE-SOURCE BASIS.
MARKER-MODELL ASSOCIATES:
MARKER-MODELL ASSOCIATES, REPRESENTING THE LESLIE COMPANY, PROTESTS THE DECISION OF THE NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA, TO COMPETITIVELY PROCURE REPAIR SERVICES FOR LESLIE COMPANY EQUIPMENT OWNED BY THE NAVY UNDER REQUEST FOR PROPOSALS (RFP) NO. N00189-84-R 0165. ACCORDING TO THE PROTESTER, THE PROCUREMENT SHOULD BE RESTRICTED TO THE LESLIE COMPANY, AS THE ORIGINAL EQUIPMENT MANUFACTURER, BECAUSE THE SPECIFICATIONS NECESSARY TO REPAIR THE PARTS ARE PROPRIETARY TO THE LESLIE COMPANY AND IT WILL NOT SELL PARTS TO OTHER FIRMS. THE PROTESTER MAINTAINS THAT NO FIRM OTHER THAN THE LESLIE COMPANY HAS THE CAPABILITY TO REPAIR THE EQUIPMENT.
IN VIEW OF THE OBJECTIVE OF OUR BID PROTEST FUNCTION TO INSURE FULL AND FREE COMPETITION FOR GOVERNMENT CONTRACTS, AS A GENERAL MATTER, OUR OFFICE DOES NOT CONSIDER IT APPROPRIATE TO REVIEW A PROTEST THAT AN AGENCY SHOULD PROCURE SERVICES FROM A PARTICULAR FIRM ON A SOLE-SOURCE BASIS. THERMIONICS LABORATORY, INC., B-196074, OCTOBER 19, 1979, 79-2 CPD 273. INGERSOLL-RAND, B-205792, JANUARY 8, 1982, 82-1 CPD 26. THIS IS SO EVEN WHERE THE PROTESTER CLAIMS THAT ITS PROPRIETARY POSITION MAKES IT THE ONLY FIRM QUALIFIED TO DO THE WORK. THERMIONICS LABORATORY, INC., SUPRA; BAIRD CORPORATION, B-206268, JULY 6, 1982, 82-2 CPD 17.
PROTEST DISMISSED.