B-189175, SEP 5, 1978
Highlights
DIGEST: SOLICITATION FOR AIRCRAFT SPARE PARTS WAS ISSUED SOLELY TO ONE FIRM AS ONLY APPROVED SOURCE FOR ITEMS AND FIRM FAILED TO SUBMIT OFFER UNDER SOLICITATION. SINCE TIME FOR SUBMISSION OF OFFERS HAS EXPIRED AND NO AWARD WILL BE MADE TO ANY FIRM UNDER SOLICITATION. PROTEST OF SOLICITATION ON THE GROUNDS THAT CERTAIN ITEMS SHOULD HAVE BEEN COMPETITIVELY PROCURED IS MOOT. THE PROCUREMENT WAS FOR TF-41 AIRCRAFT ENGINE PARTS. THE SOLICITATION WAS ISSUED SOLELY TO GENERAL MOTORS. NO AWARD TO ANY FIRM WILL BE MADE UNDER THE SOLICITATION. THE PROTEST OF THE SOLICITATION IS THEREFORE MOOT. WE RECOGNIZE THAT THE PROTESTER IS GENERALLY CONCERNED THAT THE AIR FORCE MAY BE IMPROPERLY ISSUING SOLICITATIONS ON A RESTRICTED BASIS FOR AIRCRAFT SPARE PARTS AS A RESULT OF IMPROPER ASSIGNMENT OF RESTRICTIVE CODES TO CERTAIN ITEMS UNDER ITS SYSTEM OF "APPROVED SOURCES".
B-189175, SEP 5, 1978
DIGEST: SOLICITATION FOR AIRCRAFT SPARE PARTS WAS ISSUED SOLELY TO ONE FIRM AS ONLY APPROVED SOURCE FOR ITEMS AND FIRM FAILED TO SUBMIT OFFER UNDER SOLICITATION. SINCE TIME FOR SUBMISSION OF OFFERS HAS EXPIRED AND NO AWARD WILL BE MADE TO ANY FIRM UNDER SOLICITATION, PROTEST OF SOLICITATION ON THE GROUNDS THAT CERTAIN ITEMS SHOULD HAVE BEEN COMPETITIVELY PROCURED IS MOOT.
HARVEY W. NEELEY:
HARVEY W. NEELEY (NEELEY) PROTESTS THE PROCUREMENT POLICIES AND PROCEDURES EMPLOYED BY THE OKLAHOMA CITY AIR LOGISTICS CENTER UNDER SOLICITATION NO. F34601-77-R-1087. THE PROCUREMENT WAS FOR TF-41 AIRCRAFT ENGINE PARTS, AND THE SOLICITATION WAS ISSUED SOLELY TO GENERAL MOTORS, DETROIT DIESEL ALLISON DIVISION (ALLISON) AS THE ONLY APPROVED SOURCE FOR THE ITEMS.
IN ADDITION TO PROTESTING THE SPECIFIC SOLICITATION ON THE GROUNDS THAT MANY OF THE ITEMS PROPOSED TO BE PROCURED SOLELY FROM ALLISON ON A RESTRICTED BASIS SHOULD BE PROCURED COMPETITIVELY, NEELEY ALSO REQUESTS OUR OFFICE TO EXAMINE THE AIR FORCE'S PRACTICE OF CODING SPARE PARTS FOR THE PURPOSE OF DETERMINING THE DEGREE OF COMPETITION, IF ANY, APPLICABLE TO THE PROCUREMENT (PROCUREMENT METHOD CODING) AS UNDULY RESTRICTIVE OF COMPETITION.
WE UNDERSTAND FROM THE AIR FORCE, HOWEVER, THAT ALLISON NEVER SUBMITTED AN OFFER UNDER THE SOLICITATION, AND SINCE THE PERIOD FOR SUBMISSION OF OFFERS HAS EXPIRED, NO AWARD TO ANY FIRM WILL BE MADE UNDER THE SOLICITATION. THE PROTEST OF THE SOLICITATION IS THEREFORE MOOT. WE DO NOTE IN PASSING, HOWEVER, THAT OUR OFFICE, AFTER CAREFUL CONSIDERATION, HAS SPECIFICALLY APPROVED THE AIR FORCE'S CODING PRACTICE PROTESTED BY NEELEY OF PROCURING SPARE PARTS BY USE OF THE SYSTEM OF "APPROVED SOURCES" AS CONTEMPLATED IN ARMED SERVICES PROCUREMENT REGULATION SEC. 1-313(C) (1976 ED.). SEE MERCER PRODUCTS & MANUFACTURING CO., B-188541, JULY 25, 1977, 77-2 CPD 45.
WE RECOGNIZE THAT THE PROTESTER IS GENERALLY CONCERNED THAT THE AIR FORCE MAY BE IMPROPERLY ISSUING SOLICITATIONS ON A RESTRICTED BASIS FOR AIRCRAFT SPARE PARTS AS A RESULT OF IMPROPER ASSIGNMENT OF RESTRICTIVE CODES TO CERTAIN ITEMS UNDER ITS SYSTEM OF "APPROVED SOURCES". IN THIS REGARD, THE PROTESTER REQUESTS OUR OFFICE TO INVESTIGATE THE AIR FORCE'S CODING PRACTICE TO DETERMINE WHETHER MISUSE OF THE SYSTEM HAS OCCURRED. BELIEVE, HOWEVER, THAT THESE ALLEGATIONS ARE PROPERLY FOR CONSIDERATION UNDER OUR AUDIT REVIEW FUNCTION RATHER THAN IN THE CONTEXT OF A BID PROTEST. ACCORDINGLY, WE ARE RETAINING THE INFORMATION GENERATED BY THIS PROTEST FOR POSSIBLE USE IN ANY AUDIT WHICH MAY BE UNDERTAKEN OF THE AIR FORCE'S PROCUREMENT PRACTICES.
THE PROTEST IS DISMISSED.