B-183999, JUL 9, 1975
Highlights
SUBCONTRACT PROTEST WILL NOT BE CONSIDERED ON MERITS. WHERE ONLY GOVERNMENT INVOLVEMENT IN SUBCONTRACT SELECTION IS APPROVAL OF SUBCONTRACT. APPROVAL WILL BE REVIEWED ONLY IF FRAUD OR BAD FAITH IS SHOWN. OUR OFFICE HELD THAT WE WILL CONSIDER PROTESTS AGAINST THE AWARD OF SUBCONTRACTS BY PRIME CONTRACTORS IN CERTAIN CIRCUMSTANCES. WE FURNISHED TUCKER WITH A COPY OF THE REFERENCED DECISION AND AFFORDED IT AN OPPORTUNITY TO SHOW THAT THE SUBCONTRACT PROTEST IS THE TYPE WHICH OUR OFFICE WILL CONSIDER. AS WAS STATED IN THE OPTIMUM SYSTEMS DECISION. SUPRA: "*** WHERE THE ONLY GOVERNMENT INVOLVEMENT IN THE SUBCONTRACTOR SELECTION PROCESS IS ITS APPROVAL OF THE SUBCONTRACT AWARD OR PROPOSED AWARD (TO BE CONTRASTED WITH THE CIRCUMSTANCES SET OUT ABOVE WHERE DIRECT OR ACTIVE GOVERNMENT PARTICIPATION IN OR LIMITATION OF SUBCONTRACTOR SELECTION EXISTED).
B-183999, JUL 9, 1975
SUBCONTRACT PROTEST WILL NOT BE CONSIDERED ON MERITS, NOTWITHSTANDING CONTENTION THAT SUBCONTRACT MUST BE APPROVED BY GOVERNMENT CONTRACTING OFFICER, SINCE, WHERE ONLY GOVERNMENT INVOLVEMENT IN SUBCONTRACT SELECTION IS APPROVAL OF SUBCONTRACT, APPROVAL WILL BE REVIEWED ONLY IF FRAUD OR BAD FAITH IS SHOWN.
TUCKER TOOL AND DIE, INC.:
TUCKER TOOL AND DIE, INC. (TUCKER), PROTESTS THE AWARD TO THE ROHR CORPORATION FOR F-16 TOOLING SUPPORT BY GENERAL DYNAMICS RESULTING FROM GENERAL DYNAMICS' PRIME CONTRACT NO. F33657-75-C-0310 WITH THE AIR FORCE.
IN OPTIMUM SYSTEMS, INCORPORATED, B-183039, MARCH 19, 1975, 54 COMP. GEN. , OUR OFFICE HELD THAT WE WILL CONSIDER PROTESTS AGAINST THE AWARD OF SUBCONTRACTS BY PRIME CONTRACTORS IN CERTAIN CIRCUMSTANCES. BY LETTER OF JUNE 5, 1975, WE FURNISHED TUCKER WITH A COPY OF THE REFERENCED DECISION AND AFFORDED IT AN OPPORTUNITY TO SHOW THAT THE SUBCONTRACT PROTEST IS THE TYPE WHICH OUR OFFICE WILL CONSIDER. BY MAIL GRAM DATED JUNE 18, 1975, TUCKER RESPONDED THAT THE PROTEST SHOULD BE CONSIDERED BECAUSE THE SUBCONTRACT MUST BE APPROVED BY THE AIR FORCE CONTRACTING OFFICER.
HOWEVER, AS WAS STATED IN THE OPTIMUM SYSTEMS DECISION, SUPRA:
"*** WHERE THE ONLY GOVERNMENT INVOLVEMENT IN THE SUBCONTRACTOR SELECTION PROCESS IS ITS APPROVAL OF THE SUBCONTRACT AWARD OR PROPOSED AWARD (TO BE CONTRASTED WITH THE CIRCUMSTANCES SET OUT ABOVE WHERE DIRECT OR ACTIVE GOVERNMENT PARTICIPATION IN OR LIMITATION OF SUBCONTRACTOR SELECTION EXISTED), WE WILL ONLY REVIEW THE AGENCY'S APPROVAL ACTION IF FRAUD OR BAD FAITH IS SHOWN. ***"
ACCORDINGLY, IN THE ABSENCE OF A SHOWING OF FRAUD OR BAD FAITH, WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT ANY CONSIDERATION OF THE MERITS OF THE PROTEST.