B-170636, FEB 17, 1971

B-170636: Feb 17, 1971

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GAO DOES NOT HAVE THE FACILITIES OR AUTHORITY TO CONDUCT ADVERSARY PROCEEDINGS IN RENDERING DECISIONS IN THE BID PROTEST AREA AND MUST INSTEAD BE BASED UPON THE WRITTEN RECORD PRESENTED BY THE INTERESTED PARTIES. A DETERMINATION OF WHETHER OR NOT A PRODUCT MEETS THE REQUIRED SPECIFICATIONS IS PRIMARILY THE RESPONSIBILITY OF THE ADMINISTRATIVE AGENCY AND BECAUSE PROTESTANT HAS NOT PRESENTED ANY NEW FACTS OR EVIDENCE WHICH WOULD WARRANT REVERSAL OF THE CONCLUSION THAT ITS BID WAS PROPERLY REJECTED. THAT DECISION IS AFFIRMED. TO CCA ELECTRONICS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7. YOUR OFFER WAS NOT EVALUATED ON ITS MERITS. THAT YOU HAVE THE CAPABILITY OF SUPPLYING A PRODUCT THAT MEETS OR EXCEEDS THE FCC REQUIREMENTS.

B-170636, FEB 17, 1971

BID PROTEST AFFIRMING PRIOR DECISION DENYING PROTEST BY CCA ELECTRONICS CORP., AGAINST REJECTION OF ITS BID UNDER AN INVITATION FOR THE PROCUREMENT OF A TRANSMITTER ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION. GAO DOES NOT HAVE THE FACILITIES OR AUTHORITY TO CONDUCT ADVERSARY PROCEEDINGS IN RENDERING DECISIONS IN THE BID PROTEST AREA AND MUST INSTEAD BE BASED UPON THE WRITTEN RECORD PRESENTED BY THE INTERESTED PARTIES. A DETERMINATION OF WHETHER OR NOT A PRODUCT MEETS THE REQUIRED SPECIFICATIONS IS PRIMARILY THE RESPONSIBILITY OF THE ADMINISTRATIVE AGENCY AND BECAUSE PROTESTANT HAS NOT PRESENTED ANY NEW FACTS OR EVIDENCE WHICH WOULD WARRANT REVERSAL OF THE CONCLUSION THAT ITS BID WAS PROPERLY REJECTED, THAT DECISION IS AFFIRMED.

TO CCA ELECTRONICS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7, 1970, CONCERNING OUR DECISION, B-170636, NOVEMBER 10, 1970, IN WHICH WE DENIED YOUR PROTEST AGAINST REJECTION OF YOUR BID UNDER INVITATION FOR BIDS NO. 70-15, ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION, FOR THE PROCUREMENT OF A TRANSMITTER IN ACCORDANCE WITH DESIGNATED SPECIFICATIONS.

YOU MAINTAIN THAT CONTRARY TO FCC'S REPORT TO OUR OFFICE, YOUR OFFER WAS NOT EVALUATED ON ITS MERITS; THAT YOU HAVE THE CAPABILITY OF SUPPLYING A PRODUCT THAT MEETS OR EXCEEDS THE FCC REQUIREMENTS; AND THAT THE ARBITRARY DECISION OF FCC SERIOUSLY JEOPARDIZES YOUR OPPORTUNITIES FOR GOVERNMENT BUSINESS. IN ADDITION, YOU REQUEST THE ASSISTANCE OF OUR OFFICE IN ARRANGING A MEETING BETWEEN YOUR FIRM, FCC, AND AN IMPARTIAL ARBITRATOR TO RESOLVE THESE DISPUTED POINTS.

SINCE OUR OFFICE DOES NOT HAVE THE FACILITIES OR AUTHORITY TO CONDUCT ADVERSARY PROCEEDINGS IN RENDERING DECISIONS IN THE BID PROTEST AREA, OUR DECISIONS ARE OF NECESSITY BASED UPON THE WRITTEN RECORD PRESENTED BY THE INTERESTED PARTIES. AS POINTED OUT IN OUR EARLIER DECISION, THE DETERMINATION WHETHER PRODUCTS OFFERED MEET THE SPECIFICATIONS IS PRIMARILY THE RESPONSIBILITY OF THE ADMINISTRATIVE AGENCY CONCERNED, TO BE QUESTIONED BY OUR OFFICE ONLY WHEN NOT SUPPORTED BY SUBSTANTIAL EVIDENCE. SINCE YOU HAVE NOT PRESENTED ANY FACTS OR EVIDENCE WHICH WOULD WARRANT REVERSAL OF OUR CONCLUSION THAT YOUR BID WAS PROPERLY REJECTED, AND SINCE OUR REVIEW OF THE RECORD DISCLOSES NO SUCH BASIS, OUR DECISION IS AFFIRMED.

WITH REGARD TO YOUR REQUEST CONCERNING ARBITRATION, WE ARE NOT AWARE OF ANY ARBITRATION PROCEDURE AVAILABLE FOR RESOLUTION OF THE DISPUTED MATTERS. WITH RESPECT TO YOUR CONCERN ABOUT THE EFFECT OF FCC'S DETERMINATION ON YOUR OPPORTUNITIES FOR GOVERNMENT BUSINESS, DETERMINATIONS RELATING TO THE ACCEPTABILITY OF YOUR PRODUCTS AND CAPABILITY OF YOUR FIRM IN FUTURE PROCUREMENTS MUST BE MADE ON A CURRENT BASIS IN CONNECTION WITH THE PARTICULAR PROCUREMENT AND IN ACCORDANCE WITH APPLICABLE REGULATIONS.

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