B-223121.2, B-223122.2, B-223123.2, AUG 6, 1986, 86-2 CPD 163
Highlights
PROTEST THAT PROCURING ACTIVITY DID NOT PROVIDE ADEQUATE SPECIFICATIONS AND DRAWINGS AND REFUSED TO SUPPLY SAMPLES IS DENIED WHERE PROTESTER DOES NOT PRODUCE ANY EVIDENCE TO SUPPORT ITS PROTEST. ASI ALLEGES THAT THE SPECIFICATIONS AND DRAWINGS ARE INADEQUATE AND THE DSPC HAS REFUSED TO SUPPLY SAMPLES OF THE SPECIFIED INSTRUMENTS. WITH RESPECT TO ASI'S CONTENTION THAT SAMPLES ARE NOT AVAILABLE. OUR OFFICE WILL NOT CONDUCT AN INVESTIGATION TO ESTABLISH WHETHER A PROTESTER'S SPECULATIVE STATEMENTS ARE VALID. ASI HAS NOT FURNISHED ANY EVIDENCE IN SUPPORT OF ITS GENERAL ALLEGATIONS AND WE HAVE REJECTED THESE SAME ARGUMENTS MADE BY ASI IN NUMEROUS PRIOR DECISIONS. THE PROTEST IS DENIED.
B-223121.2, B-223122.2, B-223123.2, AUG 6, 1986, 86-2 CPD 163
CONTRACTS - PROTESTS ALLEGATIONS - UNSUBSTANTIATED DIGEST: 1. PROTEST THAT PROCURING ACTIVITY DID NOT PROVIDE ADEQUATE SPECIFICATIONS AND DRAWINGS AND REFUSED TO SUPPLY SAMPLES IS DENIED WHERE PROTESTER DOES NOT PRODUCE ANY EVIDENCE TO SUPPORT ITS PROTEST. CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - INDEPENDENT INVESTIGATION AND CONCLUSIONS - SPECULATIVE ALLEGATIONS 2. GAO DOES NOT CONDUCT INVESTIGATION TO DETERMINE THE VALIDITY OF A PROTESTER'S SPECULATIVE STATEMENTS.
ALAN SCOTT INDUSTRIES:
ALAN SCOTT INDUSTRIES (ASI) PROTESTS ANY AWARD OF A CONTRACT UNDER REQUEST FOR PROPOSALS (RFP) DLA120-86-R-1196, DLA120-86-R-1183, AND DLA120 -86-R-1184, ISSUED BY THE DEFENSE PERSONNEL SUPPORT CENTER (DPSC), FOR VARIOUS MEDICAL INSTRUMENTS.
ASI ALLEGES THAT THE SPECIFICATIONS AND DRAWINGS ARE INADEQUATE AND THE DSPC HAS REFUSED TO SUPPLY SAMPLES OF THE SPECIFIED INSTRUMENTS. ASI REQUESTS THAT WE REVIEW VARIOUS PRETRIAL DEPOSITIONS AND TESTIMONY, NOT FURNISHED OUR OFFICE, GIVEN IN A RECENT CASE FOR SUPPORT OF ITS POSITION.
WE DENY THE PROTEST.
ALL THREE SOLICITATIONS CONTAIN DETAILED DESCRIPTIONS AND MEASUREMENTS OF THE REQUESTED MEDICAL INSTRUMENTS, EACH REFERENCING THE APPLICABLE MEDICAL PROCUREMENT ITEM DESCRIPTION. ASI STATES, WITHOUT ELABORATION, THAT THE SUPPLIED DRAWINGS DO NOT MEET REQUIRED MECHANICAL DRAWING STANDARDS TO ALLOW FOR THE PRODUCTION OF DIES. WITH RESPECT TO ASI'S CONTENTION THAT SAMPLES ARE NOT AVAILABLE, DPSC ASSERTS THAT IT HAS NO OBJECTION TO PROVIDING SAMPLES AS ALLOWED UNDER THE APPLICABLE REGULATIONS.
THE PROTESTER HAS THE BURDEN OF AFFIRMATIVELY PROVING ITS CASE. SERV- AIR, INC., B-216582, JAN. 16, 1985, 85-1 CPD PARA. 42. OUR OFFICE WILL NOT CONDUCT AN INVESTIGATION TO ESTABLISH WHETHER A PROTESTER'S SPECULATIVE STATEMENTS ARE VALID. KISCO COMPANY INC., B-216646, JAN. 18, 1985, 85-1 CPD PARA. 56.
ASI HAS NOT FURNISHED ANY EVIDENCE IN SUPPORT OF ITS GENERAL ALLEGATIONS AND WE HAVE REJECTED THESE SAME ARGUMENTS MADE BY ASI IN NUMEROUS PRIOR DECISIONS. ALAN SCOTT INDUSTRIES, B-219295, SEPT. 16, 1985, 85-2 CPD PARA. 292, AND DECISIONS CITED THEREIN. ASI HAS FAILED TO MEET ITS BURDEN OF PROOF.
THE PROTEST IS DENIED.