B-213428.2, JAN 13, 1984
Highlights
DIGEST: PROTESTER'S ALLEGATION THAT MANUFACTURER OF PARTS WOULD NOT AGREE TO SUPPLY THE PARTS DIRECTLY TO PROSPECTIVE BIDDERS IS A PRIVATE MATTER BETWEEN THE PARTIES NOT FOR CONSIDERATION BY GAO. DESCO WAS PUT AT A COMPETITIVE DISADVANTAGE AND FORCED TO BID A HIGHER PRICE THAN IT OTHERWISE WOULD HAVE BEEN ABLE TO BID. DESCO IS PROTESTING A MATTER THAT CONCERNS THE BUSINESS PRACTICES OF A PRIVATE COMPANY. IT IS NOT APPROPRIATE FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES (4 C.F.R.
B-213428.2, JAN 13, 1984
DIGEST: PROTESTER'S ALLEGATION THAT MANUFACTURER OF PARTS WOULD NOT AGREE TO SUPPLY THE PARTS DIRECTLY TO PROSPECTIVE BIDDERS IS A PRIVATE MATTER BETWEEN THE PARTIES NOT FOR CONSIDERATION BY GAO.
DIESEL ENERGY SYSTEMS CO.:
DIESEL ENERGY SYSTEMS CO. (DESCO) PROTESTS THE PROPOSED AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. DACA78-83-B-0005 ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS, MIDDLE EAST DIVISION, WINCHESTER, VIRGINIA, FOR PEACE VECTOR II ENGINES.
DESCO ALLEGES THAT WAUKESA, THE ENGINE MANUFACTURER, REFUSED TO QUOTE A PRICE TO DESCO FOR THE ENGINES AND, INSTEAD, REFERRED DESCO TO A DISTRIBUTOR. DESCO CONTENDS THAT, BECAUSE OF WAUKESA'S UNWILLINGNESS TO SELL DIRECTLY, DESCO WAS PUT AT A COMPETITIVE DISADVANTAGE AND FORCED TO BID A HIGHER PRICE THAN IT OTHERWISE WOULD HAVE BEEN ABLE TO BID.
ESSENTIALLY, DESCO IS PROTESTING A MATTER THAT CONCERNS THE BUSINESS PRACTICES OF A PRIVATE COMPANY. SINCE THE PROTEST INVOLVES A DISPUTE BETWEEN PRIVATE PARTIES, IT IS NOT APPROPRIATE FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES (4 C.F.R. SEC. 20 (1983)) AND MUST BE DISMISSED. SEE LAPOINT INDUSTRIES, INC., B-204594, DECEMBER 24, 1981, 81-2 CPD 495.