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B-184627 1 (1976-09-14)

handle is hein.gao/gaobadczb0001 and id is 1 raw text is: -LL R 0/ o - THE COMPTROLLER GENERAL DECISIOI * OF THE UNITED STATES WASHINGTON, D.C. 2054B FILE: B-184627 DATE: September 14, 1976 MATTER OF: G. A. Braun, Incorporated (Request for reconsidera- tion by Pellerin Milnor Corporation) DIGEST: ~~ Prior decision holding that contracting officer's findings did not support sole-source procurement is affirmed where no evidence is produced to show proper basis in record for contracting officer's sole-source determination. Pellerin Milnor Corporation (Pellerin) requests reconsidera- tion of our decision in G. A. Braun, Incorporated, B-184627, August 6, 1976, in which we held that the Veterans Administration erred in purchasing laundry equipment from Pellerin under contract V797P-2123A on a sole-source basis where the contracting officer's findings indicated that several manufacturers could satisfy the Government's needs and the record did not support negotiation for research and development purposes under 41 U.S.C. § 252(c)(11) (1970). The instant request for reconsideration is based on Pellerin's contention that the original protesting concern, G. A. Braun, Inc., could not have competed because it does not manufacture a system meeting the Government's specifications. Our earlier decision held that the contracting officer's findings did not support his decision to proceed on a sole- source basis. Section 2.b. of his findings referred to the fact that there are three manufacturers of shelless laundry systems capable of satisfying the Government's needs. Pellerin has produced no evidence to rebut this finding. In fact, in its request for reconsideration, Pellerin acknowledges the existence of competition: None of the three USA manufacturers who do offer 'Shelless' machines (only two of whom actively participate in VA bids) have uttered any protest whatsoever against the award of the contract to us. Both the Veterans Administration and Pellerin recognize the existence of alternative sources of acceptable machinery which, under the Government's own findings, should have required pro- curement on a competitive basis. Thus, the issue presented -.1 - * - V.,, -l <2

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