B-226932.3, B-227310.2, JUN 23, 1987, 87-1 CPD 622
Highlights
PROCUREMENT - BID PROTESTS - GAO PROCEDURES - PURPOSES - COMPETITION ENHANCEMENT DIGEST: GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER ALLEGATIONS THAT MORE RESTRICTIVE SPECIFICATIONS ARE NEEDED TO SERVE THE GOVERNMENT'S NEEDS. PROTESTS THE DEPARTMENT OF THE NAVY'S USE OF AMENDED SPECIFICATIONS FOR AN INFRARED RADIANT TUBE HEATING SYSTEM THAT THE PROTESTER SAYS WILL PERMIT THE USE OF LESS EFFICIENT AND MORE COSTLY EQUIPMENT THAN THAT ALLOWED BY THE STANDARDS SET IN ORIGINAL SPECIFICATIONS. THE PROTESTER ESSENTIALLY IS COMPLAINING THAT MORE STRINGENT SPECIFICATIONS SHOULD BE USED. WE POINT OUT THAT THE DETERMINATION OF AN AGENCY'S MINIMUM NEEDS IS PRIMARILY THE RESPONSIBILITY OF THE AGENCY. SUCH DETERMINATIONS ARE NOT SUBJECT TO LEGAL OBJECTION BECAUSE A VENDOR BELIEVES THAT OTHER SPECIFICATIONS WOULD BETTER SERVE THE GOVERNMENT'S NEEDS.
B-226932.3, B-227310.2, JUN 23, 1987, 87-1 CPD 622
PROCUREMENT - BID PROTESTS - GAO PROCEDURES - PURPOSES - COMPETITION ENHANCEMENT DIGEST: GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER ALLEGATIONS THAT MORE RESTRICTIVE SPECIFICATIONS ARE NEEDED TO SERVE THE GOVERNMENT'S NEEDS.
ROBERTS GORDON, INC.:
ROBERTS GORDON, INC., PROTESTS THE DEPARTMENT OF THE NAVY'S USE OF AMENDED SPECIFICATIONS FOR AN INFRARED RADIANT TUBE HEATING SYSTEM THAT THE PROTESTER SAYS WILL PERMIT THE USE OF LESS EFFICIENT AND MORE COSTLY EQUIPMENT THAN THAT ALLOWED BY THE STANDARDS SET IN ORIGINAL SPECIFICATIONS.
THE PROTESTER ESSENTIALLY IS COMPLAINING THAT MORE STRINGENT SPECIFICATIONS SHOULD BE USED. FIRST, WE POINT OUT THAT THE DETERMINATION OF AN AGENCY'S MINIMUM NEEDS IS PRIMARILY THE RESPONSIBILITY OF THE AGENCY, AND SUCH DETERMINATIONS ARE NOT SUBJECT TO LEGAL OBJECTION BECAUSE A VENDOR BELIEVES THAT OTHER SPECIFICATIONS WOULD BETTER SERVE THE GOVERNMENT'S NEEDS. SECOND, WE WILL NOT CONSIDER ALLEGATIONS THAT MORE RESTRICTIVE SPECIFICATIONS ARE NECESSARY TO SERVE THE GOVERNMENT'S INTEREST. OUR PURPOSE IN RESOLVING BID PROTEST IS TO MAKE SURE THAT THE STATUTORY REQUIREMENTS FOR FREE AND OPEN COMPETITION ARE MET, SEE S.A.F.E. EXPORT CORP., B-212489, FEB. 6, 1984, 84-1 CPD PARA. 146; KING FISHER CO., B-209097, JULY 9, 1983, 83-2 CPD PARA. 150, AFF'D, B-209097.2, SEPT. 2, 1983, 83-2 CPD PARA. 289, THEREFORE, WE DO NOT REVIEW ALLEGATIONS THAT MORE RESTRICTIVE SPECIFICATIONS, THAT WOULD NARROW THE FIELD OF COMPETITION, SHOULD BE USED.
THE PROTEST IS DISMISSED.