B-204383, SEP 18, 1981
Highlights
DIGEST: CONTRACTING AGENCY IS OBLIGATED. TO SOLICIT COMPETITION FOR PRESS CLIPPING SERVICES AND WOULD HAVE NO JUSTIFICATION FOR REQUESTED EXTENSION OF INCUMBENT'S CONTRACT ABSENT URGENCY OR INABILITY TO OBTAIN COMPETITION. INCUMBENT'S OBJECTIONS TO AGENCY'S ADMINISTRATION OF CONTRACT ARE NOT FOR GAO'S CONSIDERATION. BECAUSE INITIAL PROTEST IS CLEARLY WITHOUT MERIT. PI WAS THE LOW BIDDER ON A SOLICITATION FOR THESE SERVICES FOR THE PERIOD BEGINNING ON OCTOBER 1. THE CONTRACT WAS EVENTUALLY AWARDED TO PI FOR A SHORTENED PERIOD FROM MAY 1 THROUGH SEPTEMBER 30. GSA WOULD HAVE NO JUSTIFICATION FOR EXTENDING PI'S CONTRACT. THE COROLLARY TO THIS STATEMENT IS THAT GSA IS. PI'S OBJECTIONS TO GSA'S CONDUCT UNDER THE CURRENT CONTRACT CONCERN MATTERS OF CONTRACT ADMINISTRATION AND ARE NOT FOR RESOLUTION BY OUR OFFICE.
B-204383, SEP 18, 1981
DIGEST: CONTRACTING AGENCY IS OBLIGATED, UNDER LAWS STRONGLY FAVORING COMPETITION IN ALL FEDERAL PROCUREMENTS, TO SOLICIT COMPETITION FOR PRESS CLIPPING SERVICES AND WOULD HAVE NO JUSTIFICATION FOR REQUESTED EXTENSION OF INCUMBENT'S CONTRACT ABSENT URGENCY OR INABILITY TO OBTAIN COMPETITION. INCUMBENT'S OBJECTIONS TO AGENCY'S ADMINISTRATION OF CONTRACT ARE NOT FOR GAO'S CONSIDERATION. BECAUSE INITIAL PROTEST IS CLEARLY WITHOUT MERIT, GAO HAS DECIDED THE MATTER WITHOUT REQUESTING AN AGENCY RESPONSE.
PRESS INTELLIGENCE, INC.:
PRESS INTELLIGENCE, INC. (PI), PROTESTS THE ISSUANCE BY THE GENERAL SERVICES ADMINISTRATION (GSA) OF A SOLICITATION FOR PRESS CLIPPING SERVICES FOR FISCAL YEAR 1982. WE FIND THE PROTEST TO BE WITHOUT MERIT.
PI WAS THE LOW BIDDER ON A SOLICITATION FOR THESE SERVICES FOR THE PERIOD BEGINNING ON OCTOBER 1, 1980, OR THE DATE OF AWARD, IF LATER, THROUGH SEPTEMBER 30, 1981. THE CONTRACT WAS EVENTUALLY AWARDED TO PI FOR A SHORTENED PERIOD FROM MAY 1 THROUGH SEPTEMBER 30, 1981. PI STATES THAT GSA FAILED TO ADVISE USING AGENCIES OF THE NEW CONTRACT AND, AS A RESULT, IT HAS HAD FEWER THAN EXPECTED ORDERS FOR ITS SERVICES. PI CONTENDS THAT GSA SHOULD CANCEL THE CURRENT SOLICITATION AND EXTEND PI'S PRESENT CONTRACT TO MAKE UP FOR THE REVENUE PI HAS LOST AS A RESULT OF THE SHORTENED CONTRACT PERIOD AND GSA'S FAILURE TO ADVISE AGENCIES TO ORDER THEIR PRESS CLIPPING SERVICES FROM PI.
THE LAWS GOVERNING FEDERAL ACQUISITIONS STRONGLY FAVOR COMPETITION IN ALL PROCUREMENTS AND, ABSENT SOME CONDITION OF URGENCY OR AN INABILITY FOR GSA TO OBTAIN COMPETITION, GSA WOULD HAVE NO JUSTIFICATION FOR EXTENDING PI'S CONTRACT. THE COROLLARY TO THIS STATEMENT IS THAT GSA IS, IN FACT, REQUIRED TO SOLICIT COMPETITION FOR THESE SERVICES. WE NOTE IN THIS REGARD THAT PI DOES NOT CONTEND THAT IT HAS BEEN EXCLUDED FROM THE COMPETITION FOR THE 1981-82 CONTRACT.
PI'S OBJECTIONS TO GSA'S CONDUCT UNDER THE CURRENT CONTRACT CONCERN MATTERS OF CONTRACT ADMINISTRATION AND ARE NOT FOR RESOLUTION BY OUR OFFICE. INTERNATIONAL BUSINESS INVESTMENTS, INC., B-201236, DECEMBER 19, 1980, 80-2 CPD 440.
SINCE PI'S INITIAL SUBMISSION TO OUR OFFICE ESTABLISHES THAT THE PROTEST IS WITHOUT MERIT, WE HAVE DECIDED THIS MATTER WITHOUT REQUESTING A RESPONSE FROM GSA.
THE PROTEST IS DENIED.