Skip to main content

B-220859.4, MAY 22, 1986, 86-1 CPD 477

B-220859.4 May 22, 1986
Jump To:
Skip to Highlights

Highlights

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - INDEPENDENT INVESTIGATION AND CONCLUSIONS - SPECULATIVE ALLEGATIONS DIGEST: GAO WILL NOT CONDUCT AN INDEPENDENT INVESTIGATION IN CONNECTION WITH A BID PROTEST IN ORDER TO SUBSTANTIATE A PROTESTER'S SPECULATIVE ALLEGATIONS. BPC CONTENDS THAT THE WINNING OFFEROR WAS NOT SELECTED ON THE BASIS OF COST AS REQUIRED BY THE RFP. WE DISMISS THE PROTEST WITHOUT OBTAINING AN AGENCY REPORT FROM THE AIR FORCE BECAUSE IT IS CLEAR ON ITS FACE THAT THE PROTEST IS WITHOUT LEGAL MERIT. 4 C.F.R. THAT BPC HAS BEEN VERBALLY INFORMED THAT THE WINNING OFFEROR WAS NOT SELECTED ON THE BASIS OF COST AS REQUIRED BY THE RFP. BPC REQUESTS THAT AWARD BE WITHHELD UNTIL A THOROUGH INVESTIGATION IS CONDUCTED TO DETERMINE WHETHER SELECTION OF THE CONTRACTOR WAS IN ACCORDANCE WITH RFP SPECIFICATIONS.

View Decision

B-220859.4, MAY 22, 1986, 86-1 CPD 477

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - INDEPENDENT INVESTIGATION AND CONCLUSIONS - SPECULATIVE ALLEGATIONS DIGEST: GAO WILL NOT CONDUCT AN INDEPENDENT INVESTIGATION IN CONNECTION WITH A BID PROTEST IN ORDER TO SUBSTANTIATE A PROTESTER'S SPECULATIVE ALLEGATIONS.

THE BIG PICTURE COMPANY, INC.:

THE BIG PICTURE COMPANY, INC. (BPC) PROTESTS ANY AWARD OF A CONTRACT UNDER REQUEST FOR PROPOSALS NO. F41800-86-RA520, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, SAN ANTONIO CONTRACTING CENTER (AIR FORCE), FOR THE PROCUREMENT OF AUDIOVISUAL SERVICES. BPC CONTENDS THAT THE WINNING OFFEROR WAS NOT SELECTED ON THE BASIS OF COST AS REQUIRED BY THE RFP.

WE DISMISS THE PROTEST WITHOUT OBTAINING AN AGENCY REPORT FROM THE AIR FORCE BECAUSE IT IS CLEAR ON ITS FACE THAT THE PROTEST IS WITHOUT LEGAL MERIT. 4 C.F.R. SEC. 21.3(F) (1985).

BPC STATES THAT THE AIR FORCE HAS NOT MADE AWARD, BUT THAT BPC HAS BEEN VERBALLY INFORMED THAT THE WINNING OFFEROR WAS NOT SELECTED ON THE BASIS OF COST AS REQUIRED BY THE RFP. BPC REQUESTS THAT AWARD BE WITHHELD UNTIL A THOROUGH INVESTIGATION IS CONDUCTED TO DETERMINE WHETHER SELECTION OF THE CONTRACTOR WAS IN ACCORDANCE WITH RFP SPECIFICATIONS. BPC HAS PRESENTED NO EVIDENCE IN SUPPORT OF ITS ALLEGATION. WE WILL NOT CONDUCT INVESTIGATIONS FOR THE PURPOSE OF ESTABLISHING THE VALIDITY OF A PROTESTER'S SPECULATIVE STATEMENTS. SIMULATORS LIMITED, INC., B-219804, DEC. 4, 1985, 85-2 CPD PARA. 625.

NO AWARD HAS BEEN MADE AT THIS TIME. THEREFORE, BPC'S PROTEST IS SPECULATIVE AND PREMATURE AND IS DISMISSED.

GAO Contacts

Office of Public Affairs