B-221819, JAN 27, 1986, 86-1 CPD 93

B-221819, JAN 27, 1986, 86-1 CPD 93

CONTRACTS - NEGOTIATION - SOLE-SOURCE BASIS - DETERMINATION TO USE - AGENCY DISCRETION DIGEST: 1. GAO WILL NOT REVIEW A PROTEST CONTENDING THAT THE GOVERNMENT SHOULD AWARD A CONTRACT ON A SOLE-SOURCE BASIS. CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS 2. PROTEST AGAINST AWARD TO ANY OTHER FIRM THAT MAY HAVE SUBMITTED AN OFFER IS SPECULATIVE, PREMATURE, AND NOT FOR CONSIDERATION BY GAO WHERE CONTRACTING AGENCY HAS NOT MADE AN AWARD DECISION.

OCEAN TECHNOLOGY, INC.:

OCEAN TECHNOLOGY, INC. (OTI), PROTESTS THE AWARD OF A CONTRACT TO ANY OTHER OFFEROR BY THE DEPARTMENT OF THE NAVY, SAN DIEGO NAVAL SUPPLY CENTER (NAVY), UNDER REQUEST FOR PROPOSALS (RFP) NO. N00244-85-R-0892. THE PROTESTER CONTENDS THAT THE AWARD SHOULD BE MADE TO OTI BECAUSE PAST CONTRACTS AND EXCLUSIVE ARRANGEMENTS MAKE IT UNIQUELY QUALIFIED FOR THE AWARD.

TO THE EXTENT THAT OTI CONTENDS THAT AN AWARD SHOULD BE MADE TO OTI ON A SOLE-SOURCE BASIS, WE DISMISS THE PROTEST, SINCE GENERALLY OUR OFFICE DOES NOT CONSIDER IT APPROPRIATE TO REVIEW A PROTEST THAT AN AGENCY SHOULD PROCURE SUPPLIES OR SERVICES FROM A PARTICULAR FIRM BY MAKING AWARD ON A SOLE-SOURCE BASIS. SEE THERMIONICS LABORATORY, INC., B-196074, OCT. 19, 1979, 79-2 CPD PARA. 273.

TO THE EXTENT THAT OTI CONTENDS THAT THE NAVY MAY MAKE AN IMPROPER AWARD TO ANY OTHER FIRM THAT MAY HAVE SUBMITTED AN OFFER, WE NOTE THAT OTI INDICATES THAT THE NAVY HAS NOT MADE AN AWARD DECISION AND, THEREFORE, WE DISMISS THE COMPLAINT AS SPECULATIVE AND PREMATURE. WALL COLMONOY CORP., B-217361, JAN. 8, 1985, 85-1 CPD PARA. 27.