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B-266326 1 (1996-02-05)

handle is hein.gao/gaocrptadvi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: JAFIT Enterprises, Inc. File: B-266326; B-266327 Date: February 5, 1996 Quin B. Johnson for the protester. Thomas T. Basil, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency violated the competition requirements of the Competition in Contracting Act of 1984 when it made sole-source awards for services to a non- profit agency serving people with severe disabilities, where the acquired services were not on the procurement list maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled, as required by the Javits-Wagner-O'Day Act. DECISION JAFIT Enterprises, Inc. protests the sole source awards of purchase orders by the Department of the Navy to Goodwill Industries for administrative services at the Naval Air Warfare Center Training Systems Division, Orlando, Florida. JAFIT protests that the Navy's noncompetitive procurement violates procurement laws and regulations. We sustain the protests. JAFIT, a small disadvantaged business, was the incumbent contractor performing these services under two contracts that were initially awarded in 1992 as total small business set-asides. The contracts expired on September 30, 1995. Prior to the expiration of JAFIT's contracts, the Navy determined that it had insufficient time to conduct competitive procurements for follow-on contracts for these services. In April and May of 1995, the contracting officer sought authorization to extend the terms of JAFIT's contracts for 1 year, pursuant to the authority of Federal Acquisition Regulation (FAR) § 6.302-2, which allows noncompetitive awards where unusual and compelling urgency precludes full and open competition. This request was denied. In June and July, the contracting officer decided to noncompetitively award bridge purchase orders to Goodwill, pursuant to the Javits-Wagner-O'Day Act, 41 U.S.C. §§ 46-48c (1994), after JAFIT's 100221

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