B-176434, SEP 1, 1972

B-176434: Sep 1, 1972

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GAO HAS REVIEWED THE ACTIONS OF THE PROCURING ACTIVITY AND IS SATISFIED THAT THERE IS NO REASON TO DISTURB THE AWARD. SINCE THE AWARD WAS MADE ON A SOLE-SOURCE BASIS. THE CONTENTIONS RESPECTING THE EVALUATION CRITERIA ARE ACADEMIC. INC.: REFERENCE IS MADE TO YOUR TELEGRAMS DATED JULY 4 AND 11. WE HAVE REVIEWED THE ACTION TAKEN AND ARE SATISFIED THAT THERE IS NO REASON TO DISTURB THE AWARD. SINCE THE AWARD WAS MADE ON A SOLE-SOURCE BASIS. YOUR CONTENTIONS RESPECTING THE RFP EVALUATION CRITERIA ARE ACADEMIC. YOUR PROTEST IS DENIED.

B-176434, SEP 1, 1972

BID PROTEST - SOLE SOURCE PROCUREMENT DENIAL OF PROTEST BY AIR AMERICA, INC., AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER AN RFP ISSUED BY THE U.S. NAVAL SUPPLY DEPOT, SUBIC BAY. GAO HAS REVIEWED THE ACTIONS OF THE PROCURING ACTIVITY AND IS SATISFIED THAT THERE IS NO REASON TO DISTURB THE AWARD. ALSO, SINCE THE AWARD WAS MADE ON A SOLE-SOURCE BASIS, THE CONTENTIONS RESPECTING THE EVALUATION CRITERIA ARE ACADEMIC.

TO AIR AMERICA, INC.:

REFERENCE IS MADE TO YOUR TELEGRAMS DATED JULY 4 AND 11, 1972, PROTESTING AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER REQUEST FOR PROPOSALS (RFP) NO. N00651-72-R-0072, ISSUED BY THE UNITED STATES NAVAL SUPPLY DEPOT, SUBIC BAY.

YOU PROTEST THE FAILURE OF THE NAVY TO AWARD YOUR FIRM THE CONTRACT AS THE LOWEST QUALIFIED OFFEROR RESPONDING TO THE REQUEST FOR PROPOSALS. ADDITION, YOU QUESTION THE PROPRIETY OF UTILIZING THE STATED EVALUATION CRITERIA IN THE REQUEST FOR PROPOSALS.

IN A REPORT ON THE PROTEST TO OUR OFFICE, UPON WHICH THE DEPARTMENT OF THE NAVY HAS AFFIXED A HIGH SECURITY CLASSIFICATION, THE NAVY HAS RELATED ITS JUSTIFICATION FOR A SOLE-SOURCE AWARD TO ANOTHER FIRM OF THE REQUIREMENTS COVERED BY THE ORIGINALLY COMPETITIVE RFP ON THE BASIS OF MILITARY NECESSITY. THE CLASSIFIED NATURE OF THE CONTENTS OF THE REPORT PREVENTS OUR DISCLOSURE OF THE DETAILS. HOWEVER, WE HAVE REVIEWED THE ACTION TAKEN AND ARE SATISFIED THAT THERE IS NO REASON TO DISTURB THE AWARD. ALSO, SINCE THE AWARD WAS MADE ON A SOLE-SOURCE BASIS, YOUR CONTENTIONS RESPECTING THE RFP EVALUATION CRITERIA ARE ACADEMIC.

ACCORDINGLY, YOUR PROTEST IS DENIED.