B-181956(2), MAY 13, 1975

B-181956(2): May 13, 1975

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SAMPSON: ENCLOSED IS A COPY OF OUR DECISION OF TODAY. ALTHOUGH WE BELIEVE THE REFUSAL TO CONSIDER COMDISCO'S PROPOSAL UNDER THE CIRCUMSTANCES THEN EXISTING IS NOT LEGALLY OBJECTIONABLE. WE ARE CONCERNED THAT THERE MAY BE SOME MERIT TO COMDISCO'S BASIC CONTENTION THAT IT IS BEING DENIED OPPORTUNITIES TO COMPETE FOR AWARDS BECAUSE FEDERAL AGENCIES ARE CONTINUING TO PLACE ORDERS WITH THE SCHEDULE CONTRACTOR EVEN THOUGH THE APPLICABLE REGULATIONS REQUIRE RESORT TO THE COMPETITIVE MARKETPLACE. WE SUGGEST THAT CONSIDERATION BE GIVEN TO A REGULATORY REQUIREMENT THAT WOULD EXPRESSLY PERMIT THE PLACEMENT OF ORDERS UNDER THE SCHEDULE ONLY AFTER THE ADP REQUIREMENT HAS BEEN SYNOPSIZED IN THE COMMERCE BUSINESS DAILY SUFFICIENTLY PRIOR TO PLACEMENT OF AN ORDER SO THAT FIRMS WILL LEARN OF THE REQUIREMENT AND HAVE AN OPPORTUNITY TO DEMONSTRATE THEIR ABILITY TO SATISFY THE AGENCY'S IMMEDIATE NEEDS.

B-181956(2), MAY 13, 1975

PRECIS - UNAVAILABLE

TO MR. ARTHUR F. SAMPSON:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY, AFFIRMING THE DENIAL OF THE PROTEST OF COMDISCO, INC., AGAINST YOUR AGENCY'S REFUSAL TO CONSIDER COMDISCO'S PROPOSAL IN CONNECTION WITH THE AWARD OF AN AUTOMATIC DATA PROCESSING (ADP) SCHEDULE CONTRACT.

ALTHOUGH WE BELIEVE THE REFUSAL TO CONSIDER COMDISCO'S PROPOSAL UNDER THE CIRCUMSTANCES THEN EXISTING IS NOT LEGALLY OBJECTIONABLE, WE ARE CONCERNED THAT THERE MAY BE SOME MERIT TO COMDISCO'S BASIC CONTENTION THAT IT IS BEING DENIED OPPORTUNITIES TO COMPETE FOR AWARDS BECAUSE FEDERAL AGENCIES ARE CONTINUING TO PLACE ORDERS WITH THE SCHEDULE CONTRACTOR EVEN THOUGH THE APPLICABLE REGULATIONS REQUIRE RESORT TO THE COMPETITIVE MARKETPLACE, WHEN FEASIBLE, PRIOR TO PLACEMENT OF ORDERS UNDER THE SCHEDULE. THEREFORE SUGGEST THAT YOU CONSIDER WAYS OF FURTHER ASSURING THAT THIRD PARTY MARKET COMPANIES SUCH AS COMDISCO BE GIVEN AN OPPORTUNITY TO COMPETE ON AGENCY ADP REQUIREMENTS. IN THIS CONNECTION, WE SUGGEST THAT CONSIDERATION BE GIVEN TO A REGULATORY REQUIREMENT THAT WOULD EXPRESSLY PERMIT THE PLACEMENT OF ORDERS UNDER THE SCHEDULE ONLY AFTER THE ADP REQUIREMENT HAS BEEN SYNOPSIZED IN THE COMMERCE BUSINESS DAILY SUFFICIENTLY PRIOR TO PLACEMENT OF AN ORDER SO THAT FIRMS WILL LEARN OF THE REQUIREMENT AND HAVE AN OPPORTUNITY TO DEMONSTRATE THEIR ABILITY TO SATISFY THE AGENCY'S IMMEDIATE NEEDS.

WE WOULD APPRECIATE BEING INFORMED OF WHATEVER ACTION IS TAKEN WITH RESPECT TO THIS MATTER.