About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-212733 1 (1983-09-12)

handle is hein.gao/gaobadlhm0001 and id is 1 raw text is: 



                          v THE COMPTROLLER GENERAL
    DECISION                 OF THE UNITED       STATES
                             WASHI NGTON. O.C. 20548




    FILE:     B-212733            DATE:      September 12, 1983

    MATTER OF: Hamilton Sorter Co., Inc.


    DIGEST:

    The fact that the incumbent contractor did not
    receive solicitation for the current
    procurement does not constitute compelling
    reason to resolicit agency needs where no
    showing has been made that adequate competition
    was not obtained, that prices obtained were
    unreasonable, or that failure was the result of
    a deliberate or conscious attempt to preclude
    the incumbent contractor from competing.

    Hamilton Sorter Co., Inc. (Hamilton), the incumbent
contractor for the General Services Administration (GSA)
1982-1983 contract for certain automatic data processing
equipment furniture, storage, and transportation items
requests that the GSA solicitation for the 1983-1984
contract be canceled and that the procurement be resolicited
so that it might bid on the procurement.

     HPTilton states that either the contracting agency
failed to beCd it a copy of the solicitation or the
solicitation was sent to it but not received. The closing
date for the solicitation was July 1, 1983. Hamilton
learned of the solicitation and its closing date on
August 9.

     Since it is clear from the protester's initial
submission that the protest is without merit, the matter is
decided without obtaining an agency report. 21 C.F.R.
§ 21.3(g) (1983).

     The failure of a contracting agency to solicit a
potential supplier or the failure of that supplier to
receive the solicitation sent to it by the agency--even
where the supplier is the incumbent contractor for the
current year contract--so as to preclude it from competing
on a procurement does not constitute a compelling reason to
require the resolicitation of that procurement where, as
here, it has not been shown that adequate competition was

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:

Already a HeinOnline Subscriber?

profiles profiles most