About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186049 1 (1976-11-11)

handle is hein.gao/gaobadegm0001 and id is 1 raw text is: ON THE COMPTSOLLI.R GENERAL DECISION OF THE UNITED BTATES WAS-fINGTON,, C.. 2054l FILE: B-186049 DATE: November 11, 1976 MATTER OF: 701st Personnel Services Company DIGEST: 1. Advance knowledge of proposed procurement given to member of Army Reserve unit afforded him unfair competitive advan- tage over other prospective offerors. However, since no other proposals were submitted and agency proposes steps to prevent recurrence of advance knowledge, no further action Is required. . 2. Where member of military reserve unit participates in pre- paration of specifications for contract to be awarded by unit, conflict of interest arises where member is allowed to compete for contract. Situation 'is similar to that described in Appendix G of ASPR concerning organizational conflict of interest. 3. Geographical restriction in specification is not shown to be unduly restrictive of competition in absence of evidence to indicate that requirement fails to represent actual needs of procuring agency. An enlisted member of the 701st Personnel Services Company (PSC), U.S. Army Reserve, Ada, Oklahoma, questionsthe pro- * priety of the award of contract DABT39-70-C-3047, for automated data processing services for the 701st PSC, to the Computer Utility Corporation (CUC) by\ e Procurement Division, U. S. Army Field Artillery Center, Fort Sill, Oklahoma. It is, contended that the award to CUC constitutes a conflict of interest.because the owner of CUC, who is an enlisted reservist in the 701st PSC, participated in the development of the specifications. The protester also con- tends that the specifications were unduly restrictive of competition as a result of a requirement that the contractor's data processing facility be within a 50 mile radius of the 701st /,PSC) unit. While the Army points out that these issues may not have been raised by an interested party under our Bid Protest Procedures, 4 C. F. R. 20.1(a) (1975), the Army dooms these issues to be worthy of consideration since the integrity of its procurement process has been challenged by a member of the reserve unit involved. The Army has noLed in its report that paragraphs 1-5 and 4-2a(3) of Army Regulation 600-50 (April 15, 1972, as anuided) prohibit the release of advance information regarding proposed procurements to any individual or any individual businerss concern. The rcporL SttstOS:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most