B-216315, SEP 17, 1984, 84-2 CPD 305
Highlights
A-76 - EXHAUSTION OF ADMINISTRATIVE REMEDIES DIGEST: PROTEST CONCERNING VALIDITY OF COST COMPARISON MADE PURSUANT TO OMB CIRCULAR A-76 WILL NOT BE CONSIDERED WHERE PROTESTER HAS NOT AVAILED ITSELF OF CONTRACTING AGENCY'S ADMINISTRATIVE APPEAL PROCEDURE. ISS ALLEGES THAT "GSA'S BID WAS NOT BASED ON PREVAILING WAGE RATES" AND ON THE NUMBER OF ENGINEERING PERSONNEL REQUIRED BY THE RFP. A WOULD-BE PROTESTER MUST EXHAUST THIS ADMINISTRATIVE REMEDY BEFORE WE WILL CONSIDER A PROTEST. WE ARE ADVISED BY GSA THAT ISS HAS NOT YET FILED AN APPEAL WITH GSA. WE THEREFORE WILL NOT CONSIDER THE PROTEST AT THIS TIME. THE PROTEST IS DISMISSED.
B-216315, SEP 17, 1984, 84-2 CPD 305
OFFICE OF MANAGEMENT AND BUDGET - CIRCULARS - NO. A-76 - EXHAUSTION OF ADMINISTRATIVE REMEDIES DIGEST: PROTEST CONCERNING VALIDITY OF COST COMPARISON MADE PURSUANT TO OMB CIRCULAR A-76 WILL NOT BE CONSIDERED WHERE PROTESTER HAS NOT AVAILED ITSELF OF CONTRACTING AGENCY'S ADMINISTRATIVE APPEAL PROCEDURE.
ISS ENERGY SERVICES, INC.:
ISS ENERGY SERVICES, INC. PROTESTS THE "APPARENT LOW BID" SUBMITTED BY THE GENERAL SERVICES ADMINISTRATION (GSA) UNDER REQUEST FOR PROPOSALS (RFP) NO. GS-11C-40321, ISSUED IN CONNECTION WITH A COST COMPARISON CONDUCTED PURSUANT TO OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76. ISS ALLEGES THAT "GSA'S BID WAS NOT BASED ON PREVAILING WAGE RATES" AND ON THE NUMBER OF ENGINEERING PERSONNEL REQUIRED BY THE RFP.
THE COST COMPARISON PROCESS UTILIZED BY GSA PROVIDES FOR AN ADMINISTRATIVE APPEAL PROCEDURE; A WOULD-BE PROTESTER MUST EXHAUST THIS ADMINISTRATIVE REMEDY BEFORE WE WILL CONSIDER A PROTEST. JAC MANAGEMENT, INC., 60 COMP.GEN. 372 (1981), 81-1 CPD PARA. 274; DIRECT DELIVERY SYSTEMS, 59 COMP.GEN. 465 (1980), 80-1 CPD PARA. 343. WE ARE ADVISED BY GSA THAT ISS HAS NOT YET FILED AN APPEAL WITH GSA. WE THEREFORE WILL NOT CONSIDER THE PROTEST AT THIS TIME.
THE PROTEST IS DISMISSED.