Negotiated Small Purchases

A firm protested the fact that it did not receive a request for quotations (RFQ) which the Army issued to three other firms in a procurement of 102 residential smoke detectors and protested the award of a contract to one of the recipients of the RFQ. The protester contended that it had successfully completed two contracts for the supply and installation of the same type of equipment in the past; that it was listed with the procuring agency as a supplier of the desired product and service; and that the contracting officer promised in a telephone conversation to send it all solicitations for smoke detectors. The purchasing agent who processed the purchase request stated that he was instructed by the contracting officer (who executed the purchase order) to find three sources other than the protester. The contracting officer indicated that the applicable procurement regulation restricted procurements of this size to three suppliers and to the local trade area to the maximum extent possible. He also denied making any promise to the protester regarding future procurements. A contracting officer is given broad discretion with respect to small purchases. In this type of procurement it is sufficient that the contracting officer make a good faith determination that the proposed award is to the best advantage of the Government, considering price and other factors. Since there was no evidence that the contracting officer's action was taken in other than good faith, the protest was denied.