B-224404, B-224405, OCTOBER 3, 1986, 66 COMP.GEN. 26
Highlights
WHOSE MEMBERS ARE REQUIRED TO RETURN A PERCENTAGE OF THEIR EARNINGS TO THE ORGANIZATION TO COVER ITS GENERAL AND ADMINISTRATIVE COSTS. THE SOLICITATIONS WERE ISSUED TO OBTAIN SPORTS OFFICIATING SERVICES FOR AGENCY SPORTING EVENTS. WHOSE MEMBERS WERE REQUIRED TO RETURN A PERCENTAGE OF THEIR EARNINGS TO THE ORGANIZATION TO COVER GENERAL AND ADMINISTRATIVE COSTS. SHOULD NOT BE CONSIDERED IN DETERMINING WHETHER OTHER BIDS RECEIVED WERE REASONABLE PRICED. IASO'S PROTEST THAT THE ARMY AND AIR FORCES SHOULD HAVE EXCLUDED THESE FIRMS UNDER THE CURRENT IFBS IS DENIED.
B-224404, B-224405, OCTOBER 3, 1986, 66 COMP.GEN. 26
PROCUREMENT - SEALED BIDDING - CONTRACTORS - ELIGIBILITY - PROFESSIONAL SOCIETIES NO STATUTE OR REGULATION PROHIBITS ORGANIZATIONS, WHOSE MEMBERS ARE REQUIRED TO RETURN A PERCENTAGE OF THEIR EARNINGS TO THE ORGANIZATION TO COVER ITS GENERAL AND ADMINISTRATIVE COSTS, FROM BIDDING ON FEDERAL PROCUREMENTS.
INTERNATIONAL ALLIANCE OF SPORTS OFFICIALS:
INTERNATIONAL ALLIANCE OF SPORTS OFFICIALS (IASO) PROTESTS ANY AWARD UNDER INVITATION FOR BIDS (IFB) NO. DABT01-86-B-1016 ISSUED BY THE DEPARTMENT OF THE ARMY AND IFB NO. F05604-86-B-0059 ISSUED BY THE DEPARTMENT OF THE AIR FORCE. THE SOLICITATIONS WERE ISSUED TO OBTAIN SPORTS OFFICIATING SERVICES FOR AGENCY SPORTING EVENTS. IASO STATES THAT THE OFFICIATING ORGANIZATION IN LINE FOR AWARD UNDER BOTH PROCUREMENTS REQUIRE ITS MEMBERS TO PAY THE ORGANIZATION A PERCENTAGE OF THE MONEY EARNED BY EACH OFFICIAL FOR BEING ASSIGNED SPORTS EVENTS TO OFFICIATE. IASO CONTENDS THAT THIS SHOULD NOT BE CONDONED BY THE GOVERNMENT.
IN INTERNATIONAL ALLIANCE OF SPORTS OFFICIALS, 63 COMP.GEN. 162 (1984), 84-1 CPD 63, WE CONSIDERED IASO'S CONTENTION THAT BIDS SUBMITTED BY ORGANIZATIONS, WHOSE MEMBERS WERE REQUIRED TO RETURN A PERCENTAGE OF THEIR EARNINGS TO THE ORGANIZATION TO COVER GENERAL AND ADMINISTRATIVE COSTS, SHOULD NOT BE CONSIDERED IN DETERMINING WHETHER OTHER BIDS RECEIVED WERE REASONABLE PRICED. WE FOUND NO STATUTORY OR REGULATORY BASIS OBJECTING TO THE CONSIDERATION OF THE BIDS SUBMITTED BY SUCH ORGANIZATIONS AND HELD THAT THE CONTRACTING AGENCY COULD NOT IGNORE THE BID PRICES SUBMITTED. VIEW OF OUR PRIOR DECISION, PERMITTING THE CONTRACTING AGENCY TO CONSIDER THE BIDS SUBMITTED BY THESE ORGANIZATIONS, IASO'S PROTEST THAT THE ARMY AND AIR FORCES SHOULD HAVE EXCLUDED THESE FIRMS UNDER THE CURRENT IFBS IS DENIED.