B-212274, JAN 4, 1984
Highlights
DIGEST: PROTEST CONCERNING THE TERMS OF A CONTRACT FOR EDUCATIONAL SERVICES IS DENIED. AIR FORCE'S DECISION TO HAVE ALL COURSES WHICH ARE PART OF A BACCALAUREATE DEGREE PROGRAM OBTAINED FROM ONE INSTITUTION IS REASONABLE. CCWC'S COMPLAINT IS THAT THE AIR FORCE HAS DECIDED THAT COURSES WHICH ARE TAUGHT BY BOTH COMMUNITY COLLEGES AND BACCALAUREATE DEGREE INSTITUTIONS WILL BE ACQUIRED ONLY FROM THE BACCALAUREATE INSTITUTION. CCWC ATTACKS THE AIR FORCE'S DECISION AS SHORTSIGHTED AND LIKELY TO INCREASE COSTS BECAUSE THE STUDENTS WILL PAY HIGHER TUITION FOR THE COURSE OFFERED BY THE BACCALAUREATE INSTITUTION. IT IS WELL SETTLED THAT CONTRACTING AGENCIES HAVE BROAD DISCRETION IN DETERMINING THE NEEDS OF THE GOVERNMENT AND THE METHODS OF BEST ACCOMMODATING THOSE NEEDS.
B-212274, JAN 4, 1984
DIGEST: PROTEST CONCERNING THE TERMS OF A CONTRACT FOR EDUCATIONAL SERVICES IS DENIED. AIR FORCE'S DECISION TO HAVE ALL COURSES WHICH ARE PART OF A BACCALAUREATE DEGREE PROGRAM OBTAINED FROM ONE INSTITUTION IS REASONABLE.
CHICAGO CITY-WIDE COLLEGE:
CHICAGO CITY-WIDE COLLEGE (CCWC) PROTESTS THE TERMS OF REQUEST FOR PROPOSALS (RFP) F61546-83-R-0027, ISSUED BY THE AIR FORCE FOR EDUCATIONAL SERVICES. THE PROCUREMENT SUPPORTS THE AIR FORCE'S OFF DUTY VOLUNTARY EDUCATIONAL PROGRAM FOR PERSONNEL LOCATED IN EUROPE. CCWC COMPLAINS THAT THE RFP PRECLUDES COMMUNITY COLLEGES THAT DO NOT OFFER BACCALAUREATE DEGREES FROM OFFERING COURSES THAT LEAD TO THE BACCALAUREATE DEGREE. DENY THE PROTEST.
CCWC'S COMPLAINT IS THAT THE AIR FORCE HAS DECIDED THAT COURSES WHICH ARE TAUGHT BY BOTH COMMUNITY COLLEGES AND BACCALAUREATE DEGREE INSTITUTIONS WILL BE ACQUIRED ONLY FROM THE BACCALAUREATE INSTITUTION. AS A RESULT, CCWC COMPLAINS, IT CANNOT OFFER THESE COURSES ON ITS OWN EVEN THOUGH THE STUDENT MIGHT INCUR LESS EXPENSE IF IT COULD AND EVEN THOUGH THE COURSES MAY BE REQUIRED FOR THE DEGREES (PRESUMABLY "ASSOCIATE" DEGREES) IT DOES AWARD. CCWC ATTACKS THE AIR FORCE'S DECISION AS SHORTSIGHTED AND LIKELY TO INCREASE COSTS BECAUSE THE STUDENTS WILL PAY HIGHER TUITION FOR THE COURSE OFFERED BY THE BACCALAUREATE INSTITUTION.
IT IS WELL SETTLED THAT CONTRACTING AGENCIES HAVE BROAD DISCRETION IN DETERMINING THE NEEDS OF THE GOVERNMENT AND THE METHODS OF BEST ACCOMMODATING THOSE NEEDS. SEE POTOMAC INDUSTRIAL TRUCKS, INC., B-204648, JANUARY 27, 1982, 82-1 CPD 61. WHILE OUR OFFICE WILL SUSTAIN PROTESTS WHERE IT APPEARS THAT AN AGENCY HAS IMPOSED AN UNDUE RESTRICTION ON COMPETITION (CONSTANTINE N. POLITES & CO., B-189214, DECEMBER 27, 1978, 78-2 CPD 437), WE HAVE CONSISTENTLY HELD THAT IT IS FOR THE CONTRACTING AGENCY TO DETERMINE WHETHER TO PROCURE BY MEANS OF A TOTAL PACKAGE APPROACH OR TO BREAK OUT DIVISIBLE PORTIONS OF ITS TOTAL REQUIREMENT. SECURE ENGINEERING SERVICES, INC., B-202496, JULY 1, 1981, 81-2 CPD 2. SUCH CASES IT IS INCUMBENT UPON A PROTESTER TO SHOW THAT THE AGENCY'S APPROACH IS CLEARLY UNREASONABLE.
THE AIR FORCE EXPLAINS THAT ITS DECISION TO PRECLUDE INSTITUTIONS NOT OFFERING BACCALAUREATE DEGREES FROM OFFERING COURSES INCLUDED WITHIN THE BACCALAUREATE PROGRAM IS TO ASSURE A SUFFICIENT NUMBER OF STUDENTS TO SUPPORT A COMPLETE BACCALAUREATE CURRICULUM. IN THIS CONNECTION, THE AIR FORCE EXPLAINS THAT THE BACCALAUREATE INSTITUTION REQUIRES THE PARTICIPATION OF ALL STUDENTS IN ITS PROGRAM IN ORDER FOR THAT INSTITUTION TO OFFSET THE OVERHEAD COSTS OF COURSES REQUIRING SPECIAL EQUIPMENT AGAINST OTHER, LESS EXPENSIVE COURSES AND TO ALLOW IT REASONABLE CERTAINTY IN PROGRAMMING AND HIRING.
WE CONCLUDE THAT THE AIR FORCE'S DECISION HAS A RATIONAL BASIS AND DENY THE PROTEST.