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

B-281512 1 (1999-02-22)

handle is hein.gao/gaocrptajhd0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: United Marine International LLC File: B-281512 Date: February 22, 1999 Harry R. Silver, Esq., Ober, Kaler, Grimes & Shriver, for the protester. Willie J. Williams, Esq., Army Corps of Engineers, for the agency. Christina Sklarew, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency failed to conduct discussions with protester consistent with the requirements of part 15 of the Federal Acquisition Regulation (FAR) is denied where the procurement is a commercial item acquisition being conducted under simplified acquisition procedures, which is not subject to the FAR part 15 requirements. DECISION United Marine International LLC protests the issuance of a purchase order by the Army Corps of Engineers (Corps) to D&D Products, Inc. under request for quotations (RFQ) No. DACW69-98-Q-0328 for a debris collection vessel with trailer and shore conveyor to be used on Fishtrap Lake in Kentucky. United objects that the Corps improperly conducted discussions with D&D after the submission of quotations, without holding any discussions with the protester as required by part 15 of the Federal Acquisition Regulation (FAR). We deny the protest. The Corps's Huntington, West Virginia office initially posted a notice of the procurement in the Commerce Business Daily (CBD) on September 18, 1998, synopsizing its intention to commercial item procure the debris collection vessel on a sole-source basis from United. The CBD notice provided performance characteristics that the equipment was required to satisfy, and stated that the equipment must meet the FAR § 2.101 definition of a Commercial item. Because several vendors responded to the notice, representing that they could satisfy the described requirements, the Corps decided to seek competition for the requirement. Accordingly, on September 24, the Corps issued an RFQ as a total small business set-aside, under the special procedures of FAR part 12 for the acquisition of commercial items, incorporating by reference the four clauses required to be included in such solicitations. RFQ at 1. The procurement was handled under the test program using simplified acquisition procedures for commercial items which is

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