C. Lawrence Construction Company, Inc.
Highlights
A firm protested the terms of a Department of the Army Corps of Engineers solicitation for the construction of an F-22 squadron maintenance hangar, contending that the solicitation's past performance evaluation criteria are unnecessarily restrictive. GAO held that the provisions are reasonably related to the Corps' minimum needs. Accordingly, the protest was denied.
B-176958(2), FEB 8, 1973
BID PROTEST - PROPOSED AWARD - FEDERAL SUPPLY SCHEDULE ITEM CONCERNING THE PROTEST OF BAUSCH AND LOMB AGAINST THE PROPOSED AWARD OF A CONTRACT TO IMAGE ANALYSING COMPUTERS, INC., UNDER AN IFB ISSUED BY THE APPALACHIAN CENTER FOR OCCUPATIONAL SAFETY AND HEALTH FOR A PARTICLE MEASUREMENT SYSTEM. ALTHOUGH THE PROTEST HAS BEEN DENIED, A WAIVER MUST BE OBTAINED FROM GSA BEFORE AWARD CAN BE MADE UNDER THIS IFB BECAUSE THE PROPOSED CONTRACTOR ALSO HAS A FEDERAL SUPPLY SCHEDULE CONTRACT WHICH IS MANDATORY ON THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE.
TO MR. SECRETARY:
REFERENCE IS MADE TO THE LETTER OF NOVEMBER 8, 1972, FROM THE DIRECTOR OF PROCUREMENT AND MATERIEL MANAGEMENT, OASAM, CONCERNING THE PROTEST BY BAUSCH AND LOMB AGAINST THE PROPOSED AWARD OF A CONTRACT FOR A PARTICLE MEASUREMENT SYSTEM TO IMAGE ANALYSING COMPUTERS, INCORPORATED (IMANCO), UNDER INVITATION FOR BIDS (IFB) NO. 73-05-8-24 72, ISSUED BY THE APPALACHIAN CENTER FOR OCCUPATIONAL SAFETY AND HEALTH, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (HEW). ENCLOSED IS A COPY OF OUR DECISION DENYING THE PROTEST.
A FEDERAL SUPPLY SCHEDULE CONTRACT FOR A PARTICLE MEASUREMENT SYSTEM WAS AWARDED ON DECEMBER 11, 1972, TO IMANCO BY THE GENERAL SERVICES ADMINISTRATION (GSA) AND ALL OF THE COMPONENTS OF THE SYSTEM DESCRIBED IN THE ABOVE REFERENCED IFB EXCEPT ONE ARE PRESENTLY ON THE SCHEDULE CONTRACT. WE HAVE BEEN INFORMALLY ADVISED THAT THE PROCURING ACTIVITY PROPOSES TO PROCEED WITH AN AWARD UNDER THE SOLICITATION SINCE THE AGGREGATE PRICE OF THE COMPONENTS UNDER THE SOLICITATION IS LOWER THAN THE AGGREGATE PRICE OF THE COMPARABLE COMPONENTS UNDER THE FEDERAL SUPPLY SCHEDULE CONTRACT. GSA HAS INFORMALLY ADVISED US THAT IMANCO'S FEDERAL SUPPLY SCHEDULE CONTRACT IS MANDATORY ON HEW AND THAT A WAIVER MUST BE OBTAINED FROM GSA BEFORE PROCEEDING WITH AN AWARD UNDER THE SOLICITATION.