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B-183713 1 (1975-10-09)

handle is hein.gao/gaobadcuy0001 and id is 1 raw text is: 0%LER c p THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE tXTEV)Ql ATE:(0 ) O 9-7~I FILE: B-183713 DATE: October 9, 1975 MATTER OF: Paul R. Jackson Construction Company, Inc., and Swindell-Dressler Company, a Division of Pullman, DIGEST: Incorporated, A Joint Venture 1. Geographic restrictions constitute legitimate restriction on competition where contracting agency properly determines that particular restriction is required. Determination of proper scope of restriction is matter of judgment and discretion involving consideration of services being pro- cured, past experience, market conditions, etc. Moreover, use of geographic limitation creates possibility that one or more potential bidders beyond limit could meet Government's needs, therefore, procurement officials should consider extending geographic limit to broadest scope consistent with Government's needs. 2. Use of geographic restriction for procurement of furnish asphalt (that asphalt which is picked up, transported, and applied by DC) which limits procurement to those suppliers having facilities located within District of Columbia is not subject to objection, as geographic restriction serves useful purpose of eliminating those suppliers who appear unable to render acceptable furnish service to DC due to their decen- tralized location outside of District of Columbia. 3. Application of geographic restriction to furnish asphalt as opposed to repair asphalt is proper exercise of procurement discretion, as furnish asphalt is picked up, transported, and applied by DC workers whereas repair asphalt is both directly transported and applied by contractor and DC has sought to eliminate added expense of maintaining necessary asphalt temper- ature which would be required if furnish asphalt was procured from suppliers not centrally located within District. 4. Combination by procuring activity of two items in one solicitation (formerly two solicitations had been utilized) is proper exercise of procurement discretion since preparation and establishment of specifications to reflect needs of Govern- ment are matters primarily within jurisdiction of procurement - 1 - pUYBLISHED DECISIOT\ 55 Comap.. Gen. ...- ****

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