B-218198, B-218198.2, B-218198.4, B-218198.5, JUN 25, 1985, 85-1 CPD 720

B-218198,B-218198.2,B-218198.4,B-218198.5: Jun 25, 1985

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CONTRACTS - TRANSPORTATION SERVICES - PROCUREMENT PROCEDURES DIGEST: AGENCY'S COMPETITIVE SELECTION OF A CONTRACTOR TO MAKE TRAVEL ARRANGEMENTS FOR FEDERAL EMPLOYEES IS EXEMPT FROM THE PROCUREMENT STATUTES SINCE THE CONTRACTUAL ARRANGEMENT IS ONLY A MANAGEMENT VEHICLE TO OBTAIN TRAVEL SERVICES WHICH THEMSELVES ARE EXEMPT FROM PROCUREMENT PROCEDURES. NO FEE CONTRACT WAS COMPETITIVELY PROCURED BY GSA UNDER SOLICITATION NO. THE SATO PROPOSAL WAS SUBMITTED BY THE AIR TRANSPORT ASSOCIATION OF AMERICA (ATA). THE AWARDEE IS RESPONSIBLE FOR MAKING TRAVEL ARRANGEMENTS FOR FEDERAL CIVILIAN AGENCY EMPLOYEES IN THE ATLANTA AREA. WE HELD THAT A NONCOMPETITIVE SELECTION BY THE NAVY OF A SATO TO PERFORM SUBSTANTIALLY SIMILAR SERVICES IS EXEMPT FROM THE PROCUREMENT STATUTES.

B-218198, B-218198.2, B-218198.4, B-218198.5, JUN 25, 1985, 85-1 CPD 720

CONTRACTS - TRANSPORTATION SERVICES - PROCUREMENT PROCEDURES DIGEST: AGENCY'S COMPETITIVE SELECTION OF A CONTRACTOR TO MAKE TRAVEL ARRANGEMENTS FOR FEDERAL EMPLOYEES IS EXEMPT FROM THE PROCUREMENT STATUTES SINCE THE CONTRACTUAL ARRANGEMENT IS ONLY A MANAGEMENT VEHICLE TO OBTAIN TRAVEL SERVICES WHICH THEMSELVES ARE EXEMPT FROM PROCUREMENT PROCEDURES.

T.V. TRAVEL, INC.; WORLD TRAVEL ADVISORS, INC.; DISCOVERY TOUR WHOLESALERS, INC.:

T.V. TRAVEL, INC., WORLD TRAVEL ADVISORS, INC., AND DISCOVERY TOUR WHOLESALERS, INC., PROTEST THE AWARD BY THE GENERAL SERVICES ADMINISTRATION (GSA) OF A CONTRACT TO A SCHEDULED AIRLINE TICKET OFFICE (SATO) TO BE THE FEDERAL CIVILIAN TRAVEL MANAGEMENT CENTER FOR THE ATLANTA, GEORGIA, METROPOLITAN AREA. THIS NO COST, NO FEE CONTRACT WAS COMPETITIVELY PROCURED BY GSA UNDER SOLICITATION NO. AT/TC 19791. THE SATO PROPOSAL WAS SUBMITTED BY THE AIR TRANSPORT ASSOCIATION OF AMERICA (ATA). THE AWARDEE IS RESPONSIBLE FOR MAKING TRAVEL ARRANGEMENTS FOR FEDERAL CIVILIAN AGENCY EMPLOYEES IN THE ATLANTA AREA.

WE DISMISS THESE PROTEST.

RECENTLY, IN OMEGA WORLD TRAVEL INC.; SOCIETY OF TRAVEL AGENTS IN GOVERNMENT, INC., B-218025, B-218025.2, MAY 23, 1985, 85-1 CPD PARA. -- -, WE HELD THAT A NONCOMPETITIVE SELECTION BY THE NAVY OF A SATO TO PERFORM SUBSTANTIALLY SIMILAR SERVICES IS EXEMPT FROM THE PROCUREMENT STATUTES, INCLUDING THE COMPETITION IN CONTRACTING ACT OF 1984, PUB.L. 98-369, TITLE VII, 98 STAT. 1175 (1984). WE FOUND THAT THE PURCHASE OF TRAVEL IS NOT SUBJECT TO PROCUREMENT PROCEDURES AND THAT THE NAVY'S SELECTION OF THE SATO ARRANGEMENT WAS NO MORE THAN A MANAGEMENT VEHICLE TO FACILITATE ITS TRAVEL PURCHASES.

THE ARRANGEMENT IN THIS CASE IS NOT DISTINGUISHABLE FROM THAT CONSIDERED IN OMEGA. THE FACT THAT A COMPETITIVE SELECTION WAS MADE BY GSA PROVIDES NO BASIS FOR CONSIDERATION OF THESE PROTESTS UNDER OUR BID PROTEST REGULATIONS, 4 C.F.R. PART 21 (1985), WHICH DEAL WITH THE FILING OF PROTESTS OF AWARDS SUBJECT TO THE PROCUREMENT STATUTES AND REGULATIONS.

THESE PROTESTS ARE DISMISSED.