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B-187624 1 (1977-03-24)

handle is hein.gao/gaobadszo0001 and id is 1 raw text is: ri~ 958 DESI*01 FILE: B-187624 THE COMPTRULLER -GENERAL OF TH E.UWNiT.CD0 STATES WASHINGTON, D. C. 205.48 DATE: March 24, 1977 MATTER OF: Consolidated Elevator Company, Inc. DIGEST: 1. Agency's determination that it was unable to locate qualified sources to perform elevator, escalator, and dumbwaiter main- tenance and repair services other than manufacturers of the equipment does not constitute rational basis for.sole, source procurement from manufacturers• where agency did not make its requirements known to the public and where agency's determina- tion does not appear to have a factual basis. 2. Sole source procurement of repair and maintenance service from item-'s manufacturer is not justified merely because manufacturer can supply replacement parts on a priority basis. Agency'has not shown that replacement parts cannot readily be obtained other than by award to the-manufacturer. 3. While negotiations are justified where a procurement is for (1) technical services in connection with highly specialized equipment or where (2) the extent and nature of maintenance and repair of such equipment is not known such circumstances do not of themselves justify procuring the Government's minimum needs from a sole. source of supply. Consolidated Elevator Company, Inc.(Consolidated)'has pro- tested the October 7, 1976 award of sole source .maintenance and repair contracts by the Smithsonian Institution to Otis Elevator. Company (Otis), Armor Elevator Company (Armor), Horner Elevator Company (Horner), and Haughton Elevator Company (Haughton). Consolidated's position is that the Smithsonian.has insufficient justification'for concluding that the elevator manufacturers are the only firms capable of maintaining the Smithsonian's 81 elevators, escalators, and dumbwaiters. The contracts are to be financed with appropriated funds. In the case of each of the four contractors, the following findings were advanced in support .of the determination that corn- petition was not feasible: PUBLISHED DECISION 56 Comp. Gen....4 I~~~~77 :.---:7 dm

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