B-179526, MAR 14, 1974
B-179526: Mar 14, 1974
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WHERE PROTEST IS NOT IN CONNECTION WITH PENDING PROCUREMENT. IS APPARENTLY UNTIMELY WITH RESPECT TO PROCUREMENTS CITED. IS MATTER WITHIN SOUND DISCRETION OF PROCURING ACTIVITY. THERE IS NO BASIS FOR GAO TO OBJECT. COLUMBUS CONTENDS THAT ITS INSISTENCE UPON SOURCE INSPECTION OF THESE ITEMS IN LIEU OF ACCEPTING CERTIFICATES OF CONFORMANCE PURSUANT TO ASPR 14-306(C) IS UNREASONABLE AND IS COSTLY TO THE GOVERNMENT. THE PROTESTER INDICATES THAT IT IS "NOT PROTESTING ANY PARTICULAR AWARD" BUT "MERELY PROTESTING THE PROCUREMENT PRACTICES ...". SINCE THE PROTEST IS NOT IN CONNECTION WITH A PENDING PROCUREMENT. IS APPARENTLY UNTIMELY WITH RESPECT TO THE PROCUREMENTS CITED IN THE PROTESTER'S LETTER OF SEPTEMBER 12.
B-179526, MAR 14, 1974
WHERE PROTEST IS NOT IN CONNECTION WITH PENDING PROCUREMENT, AND IS APPARENTLY UNTIMELY WITH RESPECT TO PROCUREMENTS CITED, AUTHORITATIVE DECISION CANNOT BE PROVIDED. HOWEVER, FOR INFORMATIONAL PURPOSES, DETERMINATION WHETHER TO ACCEPT CERTIFICATE OF CONFORMANCE PURSUANT TO AUTHORITY OF ASPR 14-306(C), IN LIEU OF REQUIRING INSPECTION AT SOURCE, IS MATTER WITHIN SOUND DISCRETION OF PROCURING ACTIVITY. IN ABSENCE OF ABUSE OF THIS DISCRETION, THERE IS NO BASIS FOR GAO TO OBJECT.
TO COLUMBUS JACK CORPORATION:
COLUMBUS JACK CORPORATION BY LETTER OF DECEMBER 26, 1973, AND PRIOR CORRESPONDENCE, PROTESTS A PROCUREMENT PRACTICE OF THE SAN ANTONIO AIR MATERIAL AREA, KELLY AIR FORCE BASE, TEXAS, IN ITS PURCHASE OF AIRCRAFT JACKS AND SPARE PARTS. COLUMBUS CONTENDS THAT ITS INSISTENCE UPON SOURCE INSPECTION OF THESE ITEMS IN LIEU OF ACCEPTING CERTIFICATES OF CONFORMANCE PURSUANT TO ASPR 14-306(C) IS UNREASONABLE AND IS COSTLY TO THE GOVERNMENT.
THE PROTESTER INDICATES THAT IT IS "NOT PROTESTING ANY PARTICULAR AWARD" BUT "MERELY PROTESTING THE PROCUREMENT PRACTICES ..."
SINCE THE PROTEST IS NOT IN CONNECTION WITH A PENDING PROCUREMENT, AND IS APPARENTLY UNTIMELY WITH RESPECT TO THE PROCUREMENTS CITED IN THE PROTESTER'S LETTER OF SEPTEMBER 12, 1973, UNDER SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, WE ARE UNABLE TO PROVIDE AN AUTHORITATIVE DECISION. HOWEVER, FOR INFORMATIONAL PURPOSES, IT IS OUR VIEW THAT THE DETERMINATION WHETHER TO ACCEPT A CERTIFICATE OF CONFORMANCE PURSUANT TO THE AUTHORITY OF ASPR 14-306(C), IN LIEU OF REQUIRING INSPECTION AT SOURCE, IS A MATTER WITHIN THE SOUND DISCRETION OF THE PROCURING ACTIVITY. IN THE ABSENCE OF ABUSE OF THIS DISCRETION, THERE IS NO BASIS FOR OUR OFFICE TO OBJECT. FROM REVIEW OF THE RECORD IN THE INSTANT MATTER, WE ARE UNABLE TO CONCLUDE THAT THERE HAS BEEN ANY ABUSE OF DISCRETION.
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