B-225424, NOV 14, 1986

B-225424, NOV 14, 1986

PROCUREMENT - SPECIAL PROCUREMENT - METHODS/CATEGORIES - IN-HOUSE PERFORMANCE - ADMINISTRATIVE DISCRETION - GAO REVIEW DIGEST: 1. PROTEST OF AGENCY'S PLAN TO DEVELOP A TELECOMMUNICATIONS SYSTEM IN- HOUSE WILL NOT BE CONSIDERED SINCE THE DECISION TO PERFORM SERVICES IN- HOUSE OR UNDER CONTRACT IS A MATTER OF EXECUTIVE BRANCH POLICY. PROCUREMENT - BID PROTEST - NON-PREJUDICIAL ALLEGATION - GAO REVIEW 2. PROTEST OF CONTRACTING AGENCY'S UNSPECIFIED PAST, PRESENT AND PROPOSED ACTIONS INVOLVING THE PLANNING, CONSTRUCTION AND ACQUISITION OF A TELECOMMUNICATIONS SYSTEM WILL NOT BE CONSIDERED BECAUSE UNDER BID PROTEST REGULATIONS ONLY TIMELY PROTESTS FILED BY INTERESTED PARTIES INVOLVING SPECIFIC PROCUREMENT ACTIONS ARE CONSIDERED.

PONDEROSA TELEPHONE COMPANY:

PONDEROSA TELEPHONE COMPANY (PONDEROSA) GENERALLY PROTESTS, WITHOUT SPECIFYING ANY SOLICITATION, THE PAST, PRESENT AND PROPOSED ACTIONS OF THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, IN PLANNING, CONSTRUCTING AND ACQUIRING EQUIPMENT FOR A TELECOMMUNICATIONS SYSTEM FOR THE SIERRA NATIONAL FOREST. THE PROTESTER STATES ITS BELIEF THAT THE FOREST SERVICE IS ACCOMPLISHING THE WORK THROUGH VARIOUS CONTRACTS, ALTHOUGH AT THIS TIME PONDEROSA HAS NO KNOWLEDGE OF THE SPECIFIC SOLICITATIONS OR CONTRACTS. THE PROTESTER CONTENDS THAT THE FOREST SERVICE'S SYSTEM WILL DUPLICATE A PORTION OF PONDEROSA'S SERVICE AREA LOCATED WITHIN THE SIERRA NATIONAL FOREST WITHOUT REGARD TO THE REQUIREMENTS OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76. THE CIRCULAR EXPRESSES A POLICY OF UTILIZING COMMERCIAL SOURCES TO PROVIDE COMMERCIALLY AVAILABLE PRODUCTS AND SERVICES WHERE THE COMMERCIAL SOURCES CAN PROVIDE THE ITEMS MORE ECONOMICALLY.

INITIALLY, WE POINT OUT THAT OUR OFFICE GENERALLY DOES NOT REVIEW AGENCY DECISIONS TO PERFORM IN-HOUSE RATHER THAN TO CONTRACT FOR SERVICES, BECAUSE SUCH DECISIONS ARE A MATTER OF EXECUTIVE BRANCH POLICY. BLDG. SERVS. UNLIMITED, INC., B-222731, APR. 17, 1986, 86-1 CPD PARA. 380. WILL REVIEW SUCH DECISIONS ONLY WHERE A COMPETITIVE SOLICITATION HAS BEEN ISSUED FOR THE STATED PURPOSE OF COMPARING THE COSTS OF CONTRACTING OUT WITH IN-HOUSE PERFORMANCE AND IT IS ALLEGED THAT THE RESULTING COMPARISON IS FAULTY OR MISLEADING. ID. PONDEROSA DOES NOT CHALLENGE ANY SUCH PROCUREMENT, BUT PROTESTS AN OVERALL PLAN OF ACTION THAT MIGHT INCLUDE SEVERAL PROCUREMENTS.

IN ADDITION, UNDER OUR BID PROTEST REGULATIONS, 4 C.F.R. PART 21 (1986), OUR OFFICE ONLY CONSIDERS TIMELY PROTESTS FILED BY INTERESTED PARTIES INVOLVING SPECIFIC PROCUREMENT ACTIONS, I.E., WHETHER A CONTRACT AWARD OR A PROPOSED CONTRACT AWARD COMPLIES WITH STATUTORY, REGULATORY, AND OTHER LEGAL REQUIREMENTS. SYSTEMS ENG. INT'L. INC., B-218016, FEB. 7, 1985, 85-1 CPD PARA. 164; CHARLES A. MARTIN & ASSOCS.-- RECONSIDERATION, B-222804.2, MAY 15, 1986, 86-1 CPD PARA. 466. A PROTESTER IS REQUIRED TO IDENTIFY THE SOLICITATION AND/OR CONTRACT NUMBER AND SET FORTH A DETAILED STATEMENT OF THE LEGAL AND FACTUAL GROUNDS OF PROTEST. 4 C.F.R. SEC. 21.1(A)(3) AND (4); ELECTRO-METHODS, INC.-- RECONSIDERATION, B-218180.2, APR. 17, 1985, 85-1 CPD PARA. 438. PONDEROSA'S GENERAL PROTEST OF ALL PAST, PRESENT AND FUTURE FOREST SERVICE ACTIONS INVOLVING THE ESTABLISHMENT OF AN ALLEGEDLY DUPLICATIVE TELECOMMUNICATIONS SYSTEM, WITHOUT SPECIFYING ANY PARTICULAR PROCUREMENT, DOES NOT MEET THIS REQUIREMENT.

THE PROTEST IS DISMISSED.