B-222737, APR 15, 1986, 86-1 CPD 370

B-222737, APR 15, 1986, 86-1 CPD 370

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - FREE AND FULL COMPETITION OBJECTIVE DIGEST: 1. GAO WILL NOT CONSIDER A PROTEST THAT A PROCUREMENT SHOULD BE CONDUCTED ON A SOLE-SOURCE BASIS WITH THE PROTESTER SINCE THE OBJECTIVE OF GAO'S BID PROTEST FUNCTION IS TO INSURE FULL AND FREE COMPETITION FOR GOVERNMENT CONTRACTS. CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - FUTURE PROCUREMENTS 2. A PROTEST THAT IS BASED UPON SPECULATION AS TO POSSIBLE FUTURE AGENCY CONDUCT IS PREMATURE AND WILL NOT BE CONSIDERED. CONTRACTORS - RESPONSIBILITY - DETERMINATION - REVIEW BY GAO - AFFIRMATIVE FINDING ACCEPTED 3. GAO WILL NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES.

WHITTAKER CONTROLS, INC.:

WHITTAKER CONTROLS, INC. (WHITTAKER), PROTESTS THE AWARD OF A CONTRACT TO ANY COMPANY OTHER THAN ITSELF UNDER SOLICITATION NO. F04606 86-R-0440, ISSUED BY THE DEPARTMENT OF THE AIR FORCE. WE DISMISS THE PROTEST.

WHITTAKER ASSERTS THAT, AS THE ORIGINAL DESIGNER AND MANUFACTURER OF THE COMPONENT BEING PROCURED UNDER THE SOLICITATION, IT HAS REASON TO DOUBT THAT OTHER QUALIFIED SOURCES FOR THE ITEM EXIST. WHITTAKER ALLEGES THAT WHILE THE PROCUREMENT HISTORY OF THE COMPONENT REVEALS SOME PRIOR AWARDS BY THE GOVERNMENT TO SURPLUS SUPPLIERS, DIRECT CONTACT BY WHITTAKER WITH SEVERAL SUPPLIERS HAS SHOWN THAT AT PRESENT, A SUFFICIENT SURPLUS DOES NOT EXIST TO SATISFY THE AIR FORCE'S NEEDS. CONSEQUENTLY, WHITTAKER DOES NOT BELIEVE THAT ANY OTHER OFFEROR THAT RESPONDS TO THE SOLICITATION WILL BE ABLE TO PERFORM AS REQUIRED.

WE WILL NOT REVIEW A PROTEST THAT AN AGENCY SHOULD AWARD A CONTRACT ON A SOLE-SOURCE BASIS, SINCE THE OBJECTIVE OF OUR BID PROTEST FUNCTION IS TO INSURE FULL AND FREE COMPETITION FOR GOVERNMENT CONTRACTS. NUCLEAR METALS, INC., 64 COMP.GEN. 290 (1985), 85-1 CPD PARA. 217.

MOREOVER, WHITTAKER'S ALLEGATION CONCERNING THE ABILITY OF ANY OTHER OFFEROR TO PERFORM THE CONTRACT PERTAINS TO THAT OFFEROR'S RESPONSIBILITY. BAY DECKING CO., INC., B-216248, JAN. 22, 1985, 85-1 CPD PARA. 77. THE CONTRACTING AGENCY MUST DETERMINE AN OFFEROR RESPONSIBLE BEFORE MAKING AN AWARD. FREUND PRECISION, INC., B-216620, OCT. 23, 1984, 84-2 CPD PARA. 456. WHITTAKER ESSENTIALLY IS SPECULATING THAT THE AIR FORCE WILL EVENTUALLY FIND AN OFFEROR OTHER THAN WHITTAKER TO BE RESPONSIBLE. A PROTEST THAT MERELY ANTICIPATES AGENCY ACTION IS PREMATURE AND WILL NOT BE CONSIDERED BY THIS OFFICE. TRIPLE P SERVICES, INC., B-217320, JAN. 2, 1985, 85-1 CPD PARA. 11.

FINALLY, EVEN IF THE AIR FORCE DOES FIND ANOTHER OFFEROR RESPONSIBLE, WE WILL NOT LIKELY REVIEW THE MATTER. BECAUSE RESPONSIBILITY DETERMINATIONS ARE INHERENTLY JUDGMENTAL, CONTRACTING AGENCY'S ARE AFFORDED WIDE DISCRETION IN THE AREA, AND THIS OFFICE WILL NOT REVIEW AN AGENCY'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT FRAUD OR BAD FAITH, OR A FAILURE TO APPLY DEFINITIVE RESPONSIBILITY CRITERIA, NEITHER OF WHICH WHITTAKER HAS ALLEGED HERE. 4 C.F.R. SEC. 21.3(F)(5) (1985).

THE PROTEST IS DISMISSED.