B-213597.2, FEB 6, 1984
Highlights
DIGEST: A PROTEST OF AN AGENCY'S DECISION - BASED ON AN A-76 COST COMPARISON - TO RETAIN IN-HOUSE THE PERFORMANCE OF CERTAIN SERVICES IS DISMISSED AS PREMATURE WHERE THE PROTESTER'S ADMINISTRATIVE APPEAL FILED WITH THE CONTRACTING OFFICER HAS NOT BEEN DECIDED. THE NAVY'S DECISION WAS BASED ON A COST COMPARISON CONDUCTED IN ACCORDANCE WITH OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. ALTHOUGH WE WILL REVIEW AN AGENCY'S COMPLIANCE WITH THE GROUND RULES SET FORTH IN A SOLICITATION IN CONNECTION WITH AN A-76 COST COMPARISON. WE WILL DO SO ONLY WHERE THE PROTESTER HAS AVAILED ITSELF OF THE ADMINISTRATIVE REVIEW PROCEDURES PROVIDED BY THE AGENCY. THAT THIS APPEAL CURRENTLY IS PENDING. UNIFIED'S PROTEST TO OUR OFFICE IS PREMATURE AND WILL NOT BE REVIEWED.
B-213597.2, FEB 6, 1984
DIGEST: A PROTEST OF AN AGENCY'S DECISION - BASED ON AN A-76 COST COMPARISON - TO RETAIN IN-HOUSE THE PERFORMANCE OF CERTAIN SERVICES IS DISMISSED AS PREMATURE WHERE THE PROTESTER'S ADMINISTRATIVE APPEAL FILED WITH THE CONTRACTING OFFICER HAS NOT BEEN DECIDED.
UNIFIED INDUSTRIES INCORPORATED:
UNIFIED INDUSTRIES INCORPORATED PROTESTS THE DEPARTMENT OF THE NAVY'S DECISION TO CONTINUE PERFORMING STORAGE AND WAREHOUSE SERVICES AT THE NAVAL PUBLICATIONS AND FORMS CENTER IN-HOUSE INSTEAD OF CONTRACTING UNDER REQUEST FOR PROPOSALS (RFP) NO. N00140-83-R-0844. THE NAVY'S DECISION WAS BASED ON A COST COMPARISON CONDUCTED IN ACCORDANCE WITH OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-76, WHICH INDICATED THAT IN-HOUSE PERFORMANCE WOULD BE LESS COSTLY THAN CONTRACTING WITH UNIFIED, THE LOW OFFEROR UNDER THE RFP. WE DISMISS THE PROTEST.
ALTHOUGH WE WILL REVIEW AN AGENCY'S COMPLIANCE WITH THE GROUND RULES SET FORTH IN A SOLICITATION IN CONNECTION WITH AN A-76 COST COMPARISON, WE WILL DO SO ONLY WHERE THE PROTESTER HAS AVAILED ITSELF OF THE ADMINISTRATIVE REVIEW PROCEDURES PROVIDED BY THE AGENCY. THE BIG PICTURE COMPANY, B-210187, JANUARY 6, 1983, 83-1 CPD 15. THE NAVY REPORTS THAT UNIFIED HAS FILED AN APPEAL IN ACCORDANCE WITH CLAUSE L113(C) OF THE RFP, AND THAT THIS APPEAL CURRENTLY IS PENDING. UNDER THESE CIRCUMSTANCES, UNIFIED'S PROTEST TO OUR OFFICE IS PREMATURE AND WILL NOT BE REVIEWED.
THE PROTEST IS DISMISSED.