B-209778, DEC 15, 1982
Highlights
GAO WILL NOT REVIEW A PROTEST THAT AN AGENCY SHOULD PROCURE AN ITEM FROM A PARTICULAR FIRM (ORIGINAL EQUIPMENT MANUFACTURER) ON A SOLE -SOURCE BASIS. BY SETTING THE SOLICITATION ASIDE FOR SMALL BUSINESS AND NOT RESTRICTING THE SOLICITATION TO VENDORS WHO HAVE SATISFACTORILY FURNISHED SHAFT SLEEVES IN THE PAST WILL OBTAIN PARTS THAT COULD CAUSE SEVERE PERFORMANCE PROBLEMS. THE OBJECTIVE OF THE GENERAL ACCOUNTING OFFICE BID PROTEST FUNCTION IS TO INSURE FULL AND FREE COMPETITION FOR GOVERNMENT CONTRACTS. THIS OFFICE WILL NOT REVIEW A PROTEST THAT AGENCY SHOULD PROCURE AN ITEM FROM A PARTICULAR FIRM AN A SOLE-SOURCE BASIS. THE PROTESTER'S RELIANCE ON DAR SEC. 1-313(C) IS MISPLACED. ALTHOUGH DAR SEC. 1-313(C) PERMITS A PROCURING ACTIVITY TO SOLICIT "ONLY FROM SOURCES THAT HAVE SATISFACTORILY MANUFACTURED OR FURNISHED SUCH PARTS IN THE PAST.
B-209778, DEC 15, 1982
DIGEST: IN GENERAL, GAO WILL NOT REVIEW A PROTEST THAT AN AGENCY SHOULD PROCURE AN ITEM FROM A PARTICULAR FIRM (ORIGINAL EQUIPMENT MANUFACTURER) ON A SOLE -SOURCE BASIS. DAR SEC. 1-313(C) DOES NOT PRECLUDE THE CONSIDERATION OF PROPOSALS FROM UNAPPROVED SOURCES WHICH CAN QUALIFY THEIR PRODUCTS UNDER TESTING PROCEDURES.
INGERSOLL-RAND COMPANY:
INGERSOLL-RAND COMPANY (INGERSOLL) PROTESTS A COMPETITIVE SOLICITATION BY THE DEFENSE LOGISTICS AGENCY FOR SHAFT SLEEVES FOR AUXILIARY SEA WATER PUMPS ON NAVY SUBMARINES.
INGERSOLL COMPLAINS THAT THE CONTRACTING OFFICER, BY SETTING THE SOLICITATION ASIDE FOR SMALL BUSINESS AND NOT RESTRICTING THE SOLICITATION TO VENDORS WHO HAVE SATISFACTORILY FURNISHED SHAFT SLEEVES IN THE PAST WILL OBTAIN PARTS THAT COULD CAUSE SEVERE PERFORMANCE PROBLEMS. EFFECT, INGERSOLL CONTENDS THE PARTS SHOULD BE PROCURED ON A SOLE-SOURCE BASIS FROM ITSELF UNDER DEFENSE ACQUISITION REGULATION (DAR) SEC. 1- 313(C).
WE DISMISS THE PROTEST.
THE OBJECTIVE OF THE GENERAL ACCOUNTING OFFICE BID PROTEST FUNCTION IS TO INSURE FULL AND FREE COMPETITION FOR GOVERNMENT CONTRACTS. IN GENERAL, THIS OFFICE WILL NOT REVIEW A PROTEST THAT AGENCY SHOULD PROCURE AN ITEM FROM A PARTICULAR FIRM AN A SOLE-SOURCE BASIS. INGERSOLL-RAND COMPANY, B-203727, JULY 2, 1981, 81-2 CPD 6; HOLSONICS, INC., B-192414, OCTOBER 17, 1978, 78-2 CPD 282.
MOREOVER, THE PROTESTER'S RELIANCE ON DAR SEC. 1-313(C) IS MISPLACED. ALTHOUGH DAR SEC. 1-313(C) PERMITS A PROCURING ACTIVITY TO SOLICIT "ONLY FROM SOURCES THAT HAVE SATISFACTORILY MANUFACTURED OR FURNISHED SUCH PARTS IN THE PAST," IT DOES NOT PRECLUDE THE CONSIDERATION OF PROPOSALS FROM UNAPPROVED SOURCES WHICH CAN QUALIFY THEIR PRODUCTS UNDER TESTING PROCEDURES. IN FACT, THE OVERALL POLICY OF DAR SEC. 1-313 REQUIRES THE PROCUREMENT OF SPARE PARTS ON A COMPETITIVE BASIS WHEN FEASIBLE. INGERSOLL-RAND COMPANY, B-205256, NOVEMBER 16, 1981, 81-2 CPD 406; ROTAIR INDUSTRIES; D. MOODY & CO., INC., B-190392, DECEMBER 13, 1978, 58 COMP.GEN. 149, 153-54, 78-2 CPD 410.
THE PROTEST IS DISMISSED.