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B-213436, NOV 4, 1983

B-213436 Nov 04, 1983
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DIGEST: ALLEGATION OF ANTI-TRUST VIOLATIONS IS FOR CONSIDERATION BY THE ATTORNEY GENERAL. WAS TOLD TO CONTACT MONOGRAM'S AREA REPRESENTATIVE FOR ASSISTANCE IN PREPARING ITS BID. IS NOT APPLICABLE TO GOVERNMENT CONTRACTS. CONSIDERATION OF ALLEGED ANTI-TRUST VIOLATIONS IS FOR THE ATTORNEY GENERAL. THE PROTEST IS DISMISSED.

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B-213436, NOV 4, 1983

DIGEST: ALLEGATION OF ANTI-TRUST VIOLATIONS IS FOR CONSIDERATION BY THE ATTORNEY GENERAL, NOT GAO.

DANVILLE CORP.:

DANVILLE CORP. PROTESTS THE AWARD OF A CONTRACT TO GREER INDUSTRIES UNDER SOLICITATION NO. FD2020-83-32662, A SMALL BUSINESS SET-ASIDE, ISSUED BY THE DEPARTMENT OF THE AIR FORCE FOR AIRCRAFT MODIFICATION KITS.

ACCORDING TO DANVILLE, IT CONTACTED MONOGRAM INDUSTRIES TO OBTAIN A QUOTE FOR BLIND BOLTS, A COMPONENT NECESSARY TO ASSEMBLE THE AIRCRAFT MODIFICATION KITS, AND WAS TOLD TO CONTACT MONOGRAM'S AREA REPRESENTATIVE FOR ASSISTANCE IN PREPARING ITS BID. DANVILLE THEN CONTACTED MONOGRAM'S REPRESENTATIVE AND THE REPRESENTATIVE GAVE IT A PRICE LIST FOR THE BOLTS. THE PROTESTER STATES THAT THIS SAME REPRESENTATIVE SUBSEQUENTLY SUBMITTED AN "UNSOLICITED BID" FOR THIS CONTRACT ON BEHALF OF HIS OWN SMALL BUSINESS, GREER INDUSTRIES, AT A PRICE ALLEGEDLY LESS THAN HE HAD OFFERED DANVILLE ON BEHALF OF MONOGRAM. DANVILLE ALLEGES THAT MONOGRAM PROVIDED GREER WITH A LOWER THAN NORMALLY CHARGED PRICE FOR THE BOLTS IN ORDER TO ENSURE THAT GREER RECEIVED THIS CONTRACT AND THUS MONOGRAM VIOLATED THE ROBINSON-PATMAN ACT, 15 U.S.C. SEC. 13 (1982), WHICH PROHIBITS THE SELLING OF GOODS AT PRICES BELOW THOSE NORMALLY CHARGED FOR THE PURPOSE OF RESTRICTING COMPETITION.

THE ROBINSON-PATMAN ACT, HOWEVER, IS NOT APPLICABLE TO GOVERNMENT CONTRACTS. BARRIER INDUSTRIES, INC., B-210050, JANUARY 6, 1983, 83-1 CPD 11. IN ANY EVENT, CONSIDERATION OF ALLEGED ANTI-TRUST VIOLATIONS IS FOR THE ATTORNEY GENERAL, NOT OUR OFFICE. B.H. AIRCRAFT COMPANY, INC., B-210798, APRIL 1, 1983, 83-1 CPD 344.

THE PROTEST IS DISMISSED.

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