B-226775, APR 29, 1987, 87-1 CPD 454
Highlights
PROCUREMENT - BID PROTESTS - ALLEGATION SUBSTANTIATION - LACKING - GAO REVIEW DIGEST: MERE SPECULATION THAT AGENCY IMPROPERLY DISCLOSED PRICE INFORMATION IS REJECTED IN THE ABSENCE OF EVIDENCE OF A PRICE LEAK. THAT THE AGENCY MAY HAVE DISCLOSED COMPETITORS' PRICES TO VARIOUS THIRD PARTIES SINCE KEY BOOK WAS INFORMED BY A THIRD PARTY OF THE NAME OF THE EVENTUAL SUCCESSFUL OFFEROR PRIOR TO THE RECEIPT OF BEST AND FINAL OFFERS AND SINCE THE SUCCESSFUL OFFEROR. THE AGENCY IS PROHIBITED FROM RELEASING. WE THINK THAT KEY BOOK'S ALLEGATIONS ARE SPECULATIVE AND THEREFORE DO NOT PROVIDE A VALID BASIS FOR PROTEST. REDUCES ITS PRICE IN THE COURSE OF MAKING ITS BEST AND FINAL OFFER DOES NOT ESTABLISH THAT PRICES HAVE BEEN REVEALED.
B-226775, APR 29, 1987, 87-1 CPD 454
PROCUREMENT - BID PROTESTS - ALLEGATION SUBSTANTIATION - LACKING - GAO REVIEW DIGEST: MERE SPECULATION THAT AGENCY IMPROPERLY DISCLOSED PRICE INFORMATION IS REJECTED IN THE ABSENCE OF EVIDENCE OF A PRICE LEAK. GENERAL ACCOUNTING OFFICE DOES NOT CONDUCT INVESTIGATIONS TO ESTABLISH THE VALIDITY OF SUCH SPECULATIVE STATEMENTS.
KEY BOOK SERVICES, INC.:
KEY BOOK SERVICES, INC. PROTESTS THE AWARD OF A CONTRACT TO WALLACE'S BOOK STORES, INC. UNDER REQUEST FOR PROPOSALS (RFP) NO. F05611-86-R-0128, ISSUED BY THE DEPARTMENT OF THE AIR FORCE FOR TEXTBOOKS FOR THE UNITED STATES AIR FORCE ACADEMY. KEY BOOK SUGGESTS, WITHOUT ANY SUPPORTING EVIDENCE, THAT THE AGENCY MAY HAVE DISCLOSED COMPETITORS' PRICES TO VARIOUS THIRD PARTIES SINCE KEY BOOK WAS INFORMED BY A THIRD PARTY OF THE NAME OF THE EVENTUAL SUCCESSFUL OFFEROR PRIOR TO THE RECEIPT OF BEST AND FINAL OFFERS AND SINCE THE SUCCESSFUL OFFEROR, IN ITS BEST AND FINAL OFFER, REVISED ITS PRICE DOWNWARD FROM ITS INITIAL OFFER.
THE AGENCY IS PROHIBITED FROM RELEASING, TO THE PUBLIC OR TO ANYONE WITHIN THE GOVERNMENT NOT LEGITIMATELY INTERESTED, INFORMATION IN ANY PROPOSAL PRIOR TO ACCEPTANCE OF THE WINNING OFFER. COLONIAL FORD TRUCK SALES, INC., B-194047, JUNE 27, 1979, 79-1 CPD PARA. 458. THE AGENCY DENIES ANY IMPROPER DISCLOSURE OF PRICES AND KEY BOOK HAS OFFERED NO EVIDENCE IN SUPPORT OF ITS ALLEGATION. WITHOUT SUCH EVIDENTIARY SUPPORT, WE THINK THAT KEY BOOK'S ALLEGATIONS ARE SPECULATIVE AND THEREFORE DO NOT PROVIDE A VALID BASIS FOR PROTEST. SEE TECHNOLOGY, INC., B-190534, NOV. 16, 1977, 77-2 CPD PARA. 379. WE ALSO NOTE THAT THE FACT THAT THE SUCCESSFUL OFFEROR, AS HERE, REDUCES ITS PRICE IN THE COURSE OF MAKING ITS BEST AND FINAL OFFER DOES NOT ESTABLISH THAT PRICES HAVE BEEN REVEALED. NUCLEAR RESEARCH CORP., B-189790, FEB. 22, 1978, 78-1 CPD PARA. 147. THIS REGARD, KEY BOOK SUGGESTS THAT WE CONDUCT AN INVESTIGATION TO DETERMINE WHETHER PRICES WERE LEAKED. HOWEVER, WE DO NOT CONDUCT INVESTIGATIONS PURSUANT TO OUR BID PROTEST FUNCTION FOR THE PURPOSE OF ESTABLISHING THE VALIDITY OF A PROTESTER'S SPECULATIVE STATEMENTS. M&H MANUFACTURING CO., INC., B-191950, AUG. 18, 1978, 78-2 CPD PARA. 129.
THE PROTEST IS DISMISSED. 4 C.F.R. SEC. 21.3(F) (1986).