B-215776, AUG 30, 1984, 84-2 CPD 241

B-215776: Aug 30, 1984

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OUR OFFICE WILL CONSIDER PROTESTS INVOLVING SPECIFIC PROCUREMENT ACTIONS. IF A PROTEST OF THE PROCEDURES USED IN CONNECTION WITH PREVIOUS SPECIFIC SOLICITATIONS WERE TO BE MADE NOW. THE AIR FORCE EXPLAINED THAT IT WAS UNABLE TO PROVIDE THE REQUESTED INFORMATION BECAUSE ITS RECORDS LISTED ORDERS BY THE STOCK NUMBER OF THE ITEMS PROCURED RATHER THAN UNDER THE MANUFACTURER'S NAME. ESSCO.'S RECOURSE IS TO PURSUE ITS DISCLOSURE REMEDIES UNDER THE PROCEDURES PROVIDED BY FOIA. THE PROTEST IS DISMISSED.

B-215776, AUG 30, 1984, 84-2 CPD 241

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - SCOPE OF REVIEW OF AGENCY ACTIONS DIGEST: 1. UNDER GAO'S BID PROTEST PROCEDURES, GAO CONSIDERS THE PROPRIETY OF AN AWARD OR PROPOSED AWARD AND NOT, AS HERE, GENERAL ALLEGATIONS THAT THE AGENCY HAS ACTED IMPROPERLY IN REGARDS TO UNSPECIFIED PAST AND PRESENT PROCUREMENTS. FREEDOM OF INFORMATION ACT - GENERAL ACCOUNTING OFFICE AUTHORITY 2. GAO HAS NO AUTHORITY UNDER THE FREEDOM OF INFORMATION ACT TO DETERMINE WHEN OR WHAT INFORMATION MUST BE DISCLOSED BY GOVERNMENT AGENCIES.

EQUIPMENT & SUPPLY SERVICE CO.:

EQUIPMENT & SUPPLY SERVICE CO. (ALSO KNOWN AS ESSCO.) PROTESTS THE PURCHASING PROCEDURES AND RECORDS MAINTENANCE OF MAXWELL AIR FORCE BASE, ALABAMA. WITHOUT REFERRING TO ANY PARTICULAR SOLICITATION, ESSCO. ALLEGES THAT THE AIR FORCE HAS DISCRIMINATED AGAINST ESSCO. BY FAILING TO SOLICIT OFFERS FROM AND PLACE ORDERS WITH IT SINCE 1982 AND THAT THE AIR FORCE HAS PROCURED PRODUCTS AVAILABLE THROUGH FEDERAL SUPPLY SCHEDULE CONTRACTS FROM OTHER SOURCES. WE DISMISS THE PROTEST.

IN RESOLVING PROTESTS UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.1(A) (1984), OUR OFFICE WILL CONSIDER PROTESTS INVOLVING SPECIFIC PROCUREMENT ACTIONS, I.E., WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. SINCE ESSCO. PROTESTS THE PROPRIETY OF THE AIR FORCE'S PROCUREMENT ACTIONS GENERALLY AND NOT SPECIFIC PROCUREMENT ACTIONS, AN AUTHORITATIVE DECISION CANNOT BE PROVIDED. FURTHER, A PROTEST OF A SPECIFIC PROCUREMENT ACTION MUST BE FILED TIMELY UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2 (1984), AND, IF A PROTEST OF THE PROCEDURES USED IN CONNECTION WITH PREVIOUS SPECIFIC SOLICITATIONS WERE TO BE MADE NOW, SUCH A PROTEST WOULD APPEAR TO BE UNTIMELY. IKARD MANUFACTURING COMPANY, B-211041, MARCH 23, 1983, 83-1 CPD PARA. 302.

ESSCO. ALSO PROTESTS THE AIR FORCE'S FAILURE TO PROVIDE INFORMATION REQUESTED UNDER THE FREEDOM OF INFORMATION ACT (FOIA) CONCERNING THE PROCUREMENT OF THE PRODUCTS OF PARTICULAR MANUFACTURERS. THE AIR FORCE EXPLAINED THAT IT WAS UNABLE TO PROVIDE THE REQUESTED INFORMATION BECAUSE ITS RECORDS LISTED ORDERS BY THE STOCK NUMBER OF THE ITEMS PROCURED RATHER THAN UNDER THE MANUFACTURER'S NAME.

OUR OFFICE HAS NO AUTHORITY UNDER FOIA TO DETERMINE WHEN OR WHAT INFORMATION MUST BE DISCLOSED BY GOVERNMENT AGENCIES. ESSCO.'S RECOURSE IS TO PURSUE ITS DISCLOSURE REMEDIES UNDER THE PROCEDURES PROVIDED BY FOIA. IKARD MANUFACTURING COMPANY, B-211041, SUPRA, 83-1 CPD PARA. 302 AT 2.

THE PROTEST IS DISMISSED.