Irregular Procurement Procedures

B-176291(2), DEC 29, 1972

BID PROTEST - NOTIFICATION OF INTENT TO MAKE AWARD CONCERNING THE PROTEST OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA UNDER A RFP ISSUED BY THE HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION. ALTHOUGH THIS PROTEST WAS DENIED, THERE IS NO INDICATION THAT HIGHER AUTHORITIES APPROVED THE DETERMINATION TO MAKE AWARD NOTWITHSTANDING THE PROTEST, NOR WAS GAO NOTIFIED OF SUCH DETERMINATION. BOTH ARE REQUIRED BY FPR 1-2.407-8(B)(3).

TO MR. SECRETARY:

BY LETTER DATED AUGUST 2, 1972, THE DIRECTOR OF PROCUREMENT AND MATERIEL MANAGEMENT, OASAM, FURNISHED A REPORT ON THE PROTEST OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA UNDER REQUEST FOR PROPOSALS HSM 110-0A-57(2), ISSUED BY THE HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE PROTESTOR DENYING THE PROTEST.

YOUR ATTENTION IS INVITED TO THE LAST PARAGRAPH OF OUR DECISION WHEREIN WE POINT OUT THAT, NOTWITHSTANDING THE FACT THAT NOTICE OF THE PROTEST WAS FURNISHED TO YOUR DEPARTMENT BEFORE AWARDS WERE MADE UNDER THE REQUEST FOR PROPOSALS, THERE IS NO INDICATION IN THE FILE BEFORE US THAT APPROVAL BY HIGHER AUTHORITY OF THE DETERMINATION TO MAKE AWARD NOTWITHSTANDING THE PROTEST WAS OBTAINED AS REQUIRED BY SECTION 1-2.407 8(B)(3) OF THE FEDERAL PROCUREMENT REGULATIONS, NOR WAS OUR OFFICE NOTIFIED OF THAT DETERMINATION, ALSO REQUIRED BY THE CITED FPR SECTION. THIS PROCEDURAL IRREGULARITY IS BROUGHT TO YOUR ATTENTION FOR THE PURPOSE OF PRECLUDING ITS REPETITION IN FUTURE PROCUREMENTS.