B-206229.2, AUG 18, 1982
Highlights
DIGEST: GAO WILL NOT QUESTION AN AGENCY DETERMINATION THAT A LESS RESTRICTIVE DESCRIPTION OF THE GOVERNMENT'S REQUIREMENTS WILL MEET ITS NEEDS. ALTHOUGH THE FIRM FAILS TO SET FORTH ANY REASONS WHY THE INCLUSION OF METHACRYLIC IS OBJECTIONABLE. IT IS A PROCURING AGENCY'S RESPONSIBILITY TO DETERMINE ITS MINIMUM NEEDS AND TO DRAFT SPECIFICATIONS REFLECTING THAT DETERMINATION. BECAUSE THE OBJECTIVE OF OUR BID PROTEST FUNCTION IS TO INSURE FULL AND FREE COMPETITION FOR GOVERNMENT CONTRACTS. OUR OFFICE WILL NOT OBJECT TO AN AGENCY'S DETERMINATION THAT LESS RESTRICTIVE SPECIFICATIONS THAN THOSE DESIRED BY A PROSPECTIVE OFFEROR MEET ITS MINIMUM NEEDS. WE WILL NOT QUESTION THE GSA'S DETERMINATION TO EXPAND THE FIELD OF COMPETITION FOR THIS CONTRACT BY PERMITTING LETTERING TEMPLATES CONSTRUCTED WITH METHACRYLIC.
B-206229.2, AUG 18, 1982
DIGEST: GAO WILL NOT QUESTION AN AGENCY DETERMINATION THAT A LESS RESTRICTIVE DESCRIPTION OF THE GOVERNMENT'S REQUIREMENTS WILL MEET ITS NEEDS.
KEUFFEL & ESSER COMPANY:
KEUFFEL & ESSER COMPANY (K&E) PROTESTS AN AMENDMENT TO THE SPECIFICATION OF INVITATION FOR BIDS (IFB) NO. WFC-A3-R-4622-1-8-82 ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA) TO CONSTRUCT TEMPLATES FOR LETTERING SETS. THE SOLICITATION AS ISSUED REQUIRED THAT POLYVINYL CHLORIDE (PVC) BE USED IN THE CONSTRUCTION OF THE TEMPLATES. THE AMENDMENT PERMITTED THE USE OF METHACRYLATE AS WELL AS PVC. K&E, WHICH SUPPLIES PVC TEMPLATES, APPEARS TO OBJECT TO THE INCLUSION OF METHACRYLATE IN THE SPECIFICATION, ALTHOUGH THE FIRM FAILS TO SET FORTH ANY REASONS WHY THE INCLUSION OF METHACRYLIC IS OBJECTIONABLE. WE DISMISS THE PROTEST.
IT IS A PROCURING AGENCY'S RESPONSIBILITY TO DETERMINE ITS MINIMUM NEEDS AND TO DRAFT SPECIFICATIONS REFLECTING THAT DETERMINATION. SEE A&J MANUFACTURING COMPANY, 53 COMP.GEN. 838 (1974), 74-1 CPD 240. THEREFORE, AND BECAUSE THE OBJECTIVE OF OUR BID PROTEST FUNCTION IS TO INSURE FULL AND FREE COMPETITION FOR GOVERNMENT CONTRACTS, OUR OFFICE WILL NOT OBJECT TO AN AGENCY'S DETERMINATION THAT LESS RESTRICTIVE SPECIFICATIONS THAN THOSE DESIRED BY A PROSPECTIVE OFFEROR MEET ITS MINIMUM NEEDS. SEE CONSTANTINE N. POLITES & CO., B-198089, JUNE 23, 1981, 81-1 CPD 518; MILTOPE CORPORATION - RECONSIDERATION, B-188342, JUNE 9, 1977, 77-1 CPD 417.
CONSEQUENTLY, WE WILL NOT QUESTION THE GSA'S DETERMINATION TO EXPAND THE FIELD OF COMPETITION FOR THIS CONTRACT BY PERMITTING LETTERING TEMPLATES CONSTRUCTED WITH METHACRYLIC, AS WELL AS THOSE CONSTRUCTED WITH PVC. THE PROTEST IS DISMISSED.