B-244545, Jul 5, 1991, 91-2 CPD ***
Highlights
PROCUREMENT - Bid Protests - Allegation substantiation - Lacking - GAO review DIGEST: Protest is dismissed where it states disagreement with agency's rejection of bid. The jurisdiction of our Office is established by the bid protest provisions of the Competition in Contracting Act of 1984. Our role in resolving bid protests is to ensure that the statutory requirements for full and open competition are met. These requirements anticipate that protesters will provide. To establish the likelihood that the protester will prevail in its claim of improper agency action. Although the protester notes that its bid price was lower than the awardee's. Blackhorse states only that "the reason(s) why the government did not award the contract to Blackhorse ... was not a legitimate reason or reasons and was not in the best interests of the United States. ...".
B-244545, Jul 5, 1991, 91-2 CPD ***
PROCUREMENT - Bid Protests - Allegation substantiation - Lacking - GAO review DIGEST: Protest is dismissed where it states disagreement with agency's rejection of bid, but sets forth neither reason agency gave for rejection nor specific basis for challenging rejection; absent such information, protest fails to establish likelihood that agency violated applicable procurement laws or regulations.
Attorneys
Blackhorse Services Company:
Blackhorse Services Company protests the award of a contract to Sundance Silviculture, Inc. under solicitation No. R90-91-08, issued by the Forest Service, Department of Agriculture, for herbicide application services.
We dismiss the protest summarily for failure to set forth a basis for challenging the agency's actions.
The jurisdiction of our Office is established by the bid protest provisions of the Competition in Contracting Act of 1984, 31 U.S.C. Sec. 3551-3556 (1988). Our role in resolving bid protests is to ensure that the statutory requirements for full and open competition are met. Brown Assocs. Mgmt. & Servs., Inc.-- Recon., B-235906.3, Mar. 16, 1990, 90-1 CPD Para. 299.
To achieve this end, our Bid Protest Regulations require that a protest include a detailed statement of the legal and factual grounds of protest, 4 C.F.R. Sec. 21.1(c)(4) (1991), and that the grounds stated be legally sufficient. 4 C.F.R. Sec. 21.1(e). These requirements anticipate that protesters will provide, at a minimum, either allegations or evidence sufficient, if uncontradicted, to establish the likelihood that the protester will prevail in its claim of improper agency action. Robert Wall Edge-- Recon. B-234469.2, Mar. 30, 1989, 89-1 CPD Para. 335.
Blackhorse's protest does not include sufficient factual information to establish the likelihood that the agency here violated applicable procurement laws or regulations. Although the protester notes that its bid price was lower than the awardee's, it then takes issue with the rejection of its bid without stating the reason apparently given it by the agency for the rejection; specifically, Blackhorse states only that "the reason(s) why the government did not award the contract to Blackhorse ... was not a legitimate reason or reasons and was not in the best interests of the United States. ..." Absent a statement of the reason the bid was rejected and the specific basis for disagreement with the rejection, the protest does not state a basis for challenging the agency's actions.
The protest is dismissed.