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

B-185724 1 (1976-12-08)

handle is hein.gao/gaobadehl0001 and id is 1 raw text is: TH COMPTROLLER USNERAL DECIION * * CS THlE UNITED UTATEU 1-~ .h~ -.WAUHINWTON. D.C. 064a amrs PiLE: 3-185724 CATE: December 6, 1976 MATTER OF: K-Uymtames Inc. DIGEST: 1. Although protest filed after closing date for receipt of initial proposals against whether award was in compliance with the 'atutory requirements of Brooks Act and implement- ing regul ..Ions is untimely under Bid Protest Procedures since protester knew or should have known basis for protest prior to closing date for rectipt of initial proposals, pro- tet will be considered since it raises issues significant to procurement practices in that allegation is based in part on .congresional intent. 2. Protest which questions jr6printy of General services Administration's (GSA) delegation of authority to Department of Commerce (DOC) to purchase off-the-shelf minicomputers as wall as failure of GSA Adrlinistrator to'aake determina- tion of econmy and tficiency prior to delegation is denied sinesmve have consistently recognized that, under the Brooks Act, GSA can.delegate authority upon a finding of necessity or derirability to allow for orderly implementation of prograt for utiliiation of automatic data processing equip- ment (ADPE). Agency ip entitled to rely on authorizations given by GSA to proceed 'ith ADPE procurement after solici- tation a been reviewed. 3. Allegatixamt6at minicomputer offered-by subcontractor to successful proposer is not compatiblawith hardware speci- fications of RFP is not supported were both analysi' by agency and GA0 ADPE staff of successful proposal shows compatibilty with specifications. Allegats.on that subton- tractor in to be substituted for failure to deliver, without more information, would not substantiate protest. In any event, this pertains to matter of contract administration which is function and responsibility of contracting agency. 4. ti st DOC conducted negotiations with eventual contrdctor while not affording opportunity to other offerors will not be considered on merit. since issue has been decided by U.S. District Court in suit instituted by one of those other offearors. Even though protester was not -, - 1 - I I -i-i

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