Protest Against Competitive Procurement

B-207348,B-207372,B-207509,B-207555,B-207616,B-207617: Jun 4, 1982

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A firm protested an agency's decision to competitively procure equipment parts. The protester felt that these procurements should have been restricted to itself since it was the original equipment manufacturer and because the procurements involved complex parts of a critical nature. The protester contended that allowing competition would result in an unacceptable failure rate and would not satisfy the Government's operational needs. The possibility that the parts might not work was primarily a matter of concern to the agency personnel who would suffer any consequences which resulted if the parts proved to be unsatisfactory. It was not a matter of legal concern, because the effect of including other firms in the procurement was consistent with the statutory requirements to broaden competition. Absent evidence of fraud or willful misconduct, GAO will not review such a matter. Since the protester did not allege fraud or willful misconduct, the protest was dismissed.

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