B-226963, APR 28, 1987
Highlights
PROCUREMENT - BID PROTESTS - MOOT ALLEGATION - GAO REVIEW DIGEST: PROTEST RAISING SAME ISSUES AS THOSE RESOLVED IN A RECENT DECISION ON A PROTEST BY THE SAME PROTESTER AND INVOLVING THE SAME AGENCY AND AWARDEE IS DISMISSED AS NO USEFUL PURPOSE WOULD BE SERVED BY FURTHER CONSIDERATION OF THE PROTEST. THE ISSUES RAISED HERE ARE IDENTICAL TO THOSE RESOLVED IN SWINTEC CORPORATION. SINCE THE ISSUES RAISED BY SWINTEC IN THIS PROTEST ARE THE SAME AS THE ISSUES THAT WERE RESOLVED IN OUR DECISION OF APRIL 3. THE PROTEST IS DISMISSED.
B-226963, APR 28, 1987
PROCUREMENT - BID PROTESTS - MOOT ALLEGATION - GAO REVIEW DIGEST: PROTEST RAISING SAME ISSUES AS THOSE RESOLVED IN A RECENT DECISION ON A PROTEST BY THE SAME PROTESTER AND INVOLVING THE SAME AGENCY AND AWARDEE IS DISMISSED AS NO USEFUL PURPOSE WOULD BE SERVED BY FURTHER CONSIDERATION OF THE PROTEST.
SWINTEC CORPORATION:
SWINTEC CORPORATION PROTESTS THE AWARD OF A FEDERAL SUPPLY SCHEDULE CONTRACT FOR ELECTRIC/ELECTRONIC TYPEWRITERS TO INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM) FOR THE REGIONS OF EUROPE, JAPAN, OKINAWA, AND KOREA, UNDER SOLICITATION NO. FCGE-D3-75373-N, ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION (GSA). SWINTEC CONTENDS THAT THE CONTRACTING OFFICER IMPROPERLY CONSIDERED A PRICE REDUCTION (QUANTITY DISCOUNT) BY IBM FOR TYPEWRITER RIBBONS THAT RESULTED IN IBM'S BEING EVALUATED AS THE LOW OFFEROR.
WE DISMISS THE PROTEST.
THE ISSUES RAISED HERE ARE IDENTICAL TO THOSE RESOLVED IN SWINTEC CORPORATION, B-225657, APR. 3, 1987, 87-1 CPD PARA. ***. INDEED, SWINTEC REASSERTS THE SAME REASONS FOR PROTEST AND RELIES UPON THE SAME DOCUMENTS AND THE SAME INFORMATION ADDUCED AT THE CONFERENCE HELD IN THE PRIOR PROTEST. IN THAT DECISION, WE HELD THAT IBM PROPERLY PROVIDED TO THE CONTRACTING OFFICER PRIOR TO BID OPENING EVIDENCE OF SUBSTANTIAL SALES OF TYPEWRITER RIBBONS TO THE GOVERNMENT AT NEWLY REDUCED PRICES, AS PERMITTED BY THE SOLICITATION, SO THAT THE CONTRACTING OFFICER PROPERLY EVALUATED IBM'S BID TO REFLECT THE PRICE REDUCTION IN EFFECT PRIOR TO BID OPENING. WE THEREFORE DENIED SWINTEC'S PROTEST.
SINCE THE ISSUES RAISED BY SWINTEC IN THIS PROTEST ARE THE SAME AS THE ISSUES THAT WERE RESOLVED IN OUR DECISION OF APRIL 3, WE SEE NO USEFUL PURPOSE TO BE SERVED BY OUR FURTHER CONSIDERATION OF THE PROTEST. CANON U.S.A., INC., B-213554, AUG. 20, 1984, 84-2 CPD PARA. 195 AT 7.
THE PROTEST IS DISMISSED.