B-218214, FEB 27, 1985, 85-1 CPD 251
Highlights
QUESTIONS DIGEST: PROTEST ALLEGING THAT AGENCY IMPROPERLY WILL DENY AWARD TO PROTESTER IS PREMATURE AND WILL NOT BE CONSIDERED. BCI ASSERTS THAT IT IS IN LINE FOR AWARD. IT CONTENDS THAT THE AIR FORCE REFUSES TO AWARD IT THE CONTRACT ON THE BASIS OF A NEGATIVE RESPONSIBILITY DETERMINATION WHICH IT BELIEVES WAS UNREASONABLE AND NOTWITHSTANDING THAT THE SMALL CERTIFICATE OF COMPETENCY ON BEHALF OF BCI. THAT IT IS REQUESTING A NEW ROUND OF BEST AND FINAL OFFERS PRIOR TO ANY AWARD UNDER THIS RFP. THAT BCI WILL BE PERMITTED TO SUBMIT A NEW BEST AND FINAL OFFER. WE SPECIFICALLY HAVE UPHELD AGENCY DETERMINATIONS TO REQUEST A SECOND ROUND OF BEST AND FINAL OFFERS WHERE A VALID REASON EXISTS FOR THE ACTION.
B-218214, FEB 27, 1985, 85-1 CPD 251
CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS DIGEST: PROTEST ALLEGING THAT AGENCY IMPROPERLY WILL DENY AWARD TO PROTESTER IS PREMATURE AND WILL NOT BE CONSIDERED.
BOBNREEN CONSULTANTS, INC.:
BOBNREEN CONSULTANTS, INC. (BCI), PROTESTS THE DEPARTMENT OF THE AIR FORCE'S FAILURE TO AWARD IT A CONTRACT UNDER REQUEST FOR PROPOSALS (RFP) NO. F04606-84-R-0237 FOR A LOGISTICS TRACKABILITY A-10 DRAWING PACKAGE.
BCI ASSERTS THAT IT IS IN LINE FOR AWARD. IT CONTENDS THAT THE AIR FORCE REFUSES TO AWARD IT THE CONTRACT ON THE BASIS OF A NEGATIVE RESPONSIBILITY DETERMINATION WHICH IT BELIEVES WAS UNREASONABLE AND NOTWITHSTANDING THAT THE SMALL CERTIFICATE OF COMPETENCY ON BEHALF OF BCI.
THE AIR FORCE ADVISES INFORMALLY THAT IT DID NOT OBTAIN AN SBA RULING ON BCI'S RESPONSIBILITY. THE AIR FORCE ALSO STATES INFORMALLY THAT IT SUBSEQUENTLY HAS AMENDED THE RFP, THAT IT IS REQUESTING A NEW ROUND OF BEST AND FINAL OFFERS PRIOR TO ANY AWARD UNDER THIS RFP, AND THAT BCI WILL BE PERMITTED TO SUBMIT A NEW BEST AND FINAL OFFER.
INITIALLY, WE NOTE THAT AN AGENCY PROPERLY MAY DECIDE TO REQUEST A SECOND ROUND OF BEST AND FINAL OFFERS. WE SPECIFICALLY HAVE UPHELD AGENCY DETERMINATIONS TO REQUEST A SECOND ROUND OF BEST AND FINAL OFFERS WHERE A VALID REASON EXISTS FOR THE ACTION, SUCH AS A CHANGE IN SOLICITATION REQUIREMENTS. SEE, FOR EXAMPLE, CROWN POINT COACHWORKS AND R&D COMPOSITE STRUCTURES; NORTH AMERICAN RACING COMPANY, B-208694; B-208694.2, SEPT. 29, 1983, 83-2 CPD PARA. 386.
WITH REGARD TO BCI'S ALLEGATION THAT THE AGENCY IMPROPERLY WILL DENY BCI THE AWARD UNDER THE RFP, THE AIR FORCE STATES THAT NO AWARD HAS BEEN MADE UNDER THE RFP, AND BCI WILL HAVE AN OPPORTUNITY TO COMPETE FOR THE AWARD. THUS, UNDER THESE CIRCUMSTANCES, BCI'S ALLEGATION THAT IT WILL NOT RECEIVE THE AWARD IS SPECULATIVE AND PREMATURE. MIL-CRAFT MFG., INC., B-214015, MAY 7, 1984, 84-1 CPD PARA. 512; AFRI-AMERICAN SUPPLY COMPANY, B-206137, FEB. 17, 1982, 82-1 CPD PARA. 141.
ACCORDINGLY, WE DISMISS THE PROTEST.