B-198355, MAY 19, 1980
Highlights
GENERAL ALLEGATIONS THAT PROCEDURES ARE DEFICIENT. PROTEST IS DISMISSED. MARKARIAN NEITHER ALLEGES A DEFICIENCY IN ANY PARTICULAR SURPLUS PROPERTY SOLICITATION NOR DOES MARKARIAN CONTEND THAT AN AWARD OR PROPOSED AWARD IS IMPROPER. THE GENERAL ACCOUNTING OFFICE WILL CONSIDER ONLY PROTESTS INVOLVING SPECIFIC PROCUREMENT ACTIONS. WE UNDERSTAND THAT MARKARIAN HAD BEEN RESTORED TO LOCKHEED GEORGIA'S BIDDERS' MAILING LIST AND THAT LOCKHEED GEORGIA'S PROPOSED SALES ARE PUBLISHED IN THE COMMERCE BUSINESS DAILY. THIS MATTER IS DISMISSED.
B-198355, MAY 19, 1980
DIGEST: PROTEST CONCERNS PRIME CONTRACTOR'S PROCEDURES FOR PURGING PROSPECTIVE BIDDERS FROM ITS GOVERNMENT SURPLUS PROPERTY BIDDERS' MAILING LIST. UNDER BID PROTEST PROCEDURES, GAO CONSIDERS PROPRIETY OF AWARD OR PROPOSED AWARD, AND NOT, AS HERE, GENERAL ALLEGATIONS THAT PROCEDURES ARE DEFICIENT. CONSEQUENTLY, PROTEST IS DISMISSED.
MARKARIAN BROS. & ASSOCIATES:
MARKARIAN BROS. & ASSOCIATES (MARKARIAN) PROTESTS THE PROCEDURES EMPLOYED BY LOCKHEED GEORGIA IN PURGING PROSPECTIVE BIDDERS FROM ITS GOVERNMENT SURPLUS PROPERTY BIDDERS' MAILING LIST. LOCKHEED GEORGIA, AS A GOVERNMENT PRIME CONTRACTOR, DISPOSES OF SURPLUS GOVERNMENT PROPERTY PURSUANT TO SECTION 24 OF THE DEFENSE ACQUISITION REGULATION. IN ITS LETTER OF PROTEST, MARKARIAN NEITHER ALLEGES A DEFICIENCY IN ANY PARTICULAR SURPLUS PROPERTY SOLICITATION NOR DOES MARKARIAN CONTEND THAT AN AWARD OR PROPOSED AWARD IS IMPROPER.
IN RESOLVING PROTESTS UNDER ITS BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1980), THE GENERAL ACCOUNTING OFFICE WILL CONSIDER ONLY PROTESTS INVOLVING SPECIFIC PROCUREMENT ACTIONS, I.E., WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. BECKER INSTRUMENTS & PHOTOGRAPHIC OPTICS, B-185411, JULY 14, 1976, 76-2 CPD 43.
SINCE MARKARIAN PROTESTS THE PROPRIETY OF PROCUREMENT PROCEDURES IN GENERAL AND NOT SPECIFIC PROCUREMENT ACTIONS, AN AUTHORITATIVE DECISION CANNOT BE PROVIDED. COLUMBUS JACK CORPORATION, B-179526, MARCH 14, 1974, 74-1 CPD 136.
HOWEVER, WE UNDERSTAND THAT MARKARIAN HAD BEEN RESTORED TO LOCKHEED GEORGIA'S BIDDERS' MAILING LIST AND THAT LOCKHEED GEORGIA'S PROPOSED SALES ARE PUBLISHED IN THE COMMERCE BUSINESS DAILY.
CONSEQUENTLY, THIS MATTER IS DISMISSED.