B-230256.2, May 19, 1988, 88-1 CPD 478
Highlights
Protest of agency's general practices will therefore not be considered. The solicitation was issued under the Brooks Act. Aguirre protested the elimination of its proposal from consideration on the basis that it did not have in-house civil and structural engineering capabilities. To the extent that Aguirre is complaining about actions the Corps may take under future procurements. The matter is premature. We will consider only protests involving solicitations already issued and awards made or not made under these solicitations. The protest was therefore properly dismissed. The documentation furnished by the agency with the report reveals that one of the firms that it accepted for negotiations does not have these capabilities.
B-230256.2, May 19, 1988, 88-1 CPD 478
PROCUREMENT - Bid Protests - GAO authority DIGEST: General Accounting Office's authority to decide bid protests encompasses only protests relating to particular procurements; protest of agency's general practices will therefore not be considered.
Aguirre Architects, Inc.-- Request for Reconsideration:
Aguirre Architects, Inc. requests that we reconsider our decision to dismiss its protest as academic under request for proposals (RFP) No. DACA63-88-R-0050, issued by the United States Army Corps of Engineers, Fort Worth District for design of a recreation complex at Toledo Bend Reservoir in Louisiana. The solicitation was issued under the Brooks Act, 40 U.S.C. Secs. 541-544 (1982), which prescribes procedures for acquiring architect-engineering services.
Aguirre protested the elimination of its proposal from consideration on the basis that it did not have in-house civil and structural engineering capabilities, arguing that the Commerce Business Daily (CBD) announcement for the project had indicated that these capabilities could be provided through association with qualified consultants. We protester argues eliminate small business firms from competition. In this regard, it requested an investigation of the Corps.
We cannot in the abstract consider Aguirre's objection to the Fort Worth District's general practices since our bid protest resolution function encompasses only objections which relate to particular procurements. U.S.C. Sec. 3551 (Supp. III 1985); see Ferrite Engineering Labs, B-222972, July 28, 1986, 86-2 CPD Para. 122. To the extent that Aguirre is complaining about actions the Corps may take under future procurements, the matter is premature. We will consider only protests involving solicitations already issued and awards made or not made under these solicitations. Allied Precious Metals Recycling Co.-- Reconsideration, B-227126.2, June 18, 1987, 87-1 CPD Para. 611. Since in this case the agency took appropriate action to remedy the problems raised by the protester regarding this procurement, further consideration of the protest would serve no useful purpose. The protest was therefore properly dismissed. See American Overseas Book Co., B-227835, July 17, 1987, 87-2 CPD Para. 60. Aguirre also complains that although the Corps states in its report that it eliminated from consideration all firms without in- house civil and structural engineering capabilities, the documentation furnished by the agency with the report reveals that one of the firms that it accepted for negotiations does not have these capabilities. Aguirre makes no argument as to the significance of this inconsistency, and it is not clear to us why it is relevant. To the extent that the protester is objecting to the Corps' failure to apply its own evaluation criteria consistently, we again note that the Corps has indicated that it intends to reevaluate the proposals.
Finally, with respect to Aguirre's assertion that an investigation of the Corps is needed, we point out that generally it is not our practice to conduct investigations pursuant to our bid protest function. Electra- Motion, Inc., B-229671, Dec. 10, 1987, 87-2 CPD Para. 581.
The request for reconsideration is denied.