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B-284080 1 (2000-02-14)

handle is hein.gao/gaocrptakzi0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: DRS Precision Echo, Inc. File: B-284080; B-284080.2 Date: February 14, 2000 Kevin P. Connelly, Esq., Ronald L. Sigworth, Esq., John C. Lavorato, Esq., and Donald G. Featherstun, Esq., Seyfarth, Shaw, Fairweather & Geraldson, for the protester. Ronald K Henry, Esq., and Larry J. Gusman, Esq., Kaye, Scholer, Fierman, Hays & Handler, for TEAC America, Inc., an intervenor. Stephen A. Elliott, Esq., for the Department of the Navy. Roger D. Waldron, Esq., and Christine Irwin, Esq., for the General Services Administration. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency purchase order was, in effect, an improper sole-source award is sustained where the record shows that the Federal Supply Schedule contract against which the agency attempted to place its order had expired, and no replacement contract was in place at the time of the order. DECISION DRS Precision Echo, Inc. protests the issuance of a purchase order by the Department of the Navy, to TEAC America, Inc. for 238 cockpit video recorder systems for use on F/A-18 aircraft. DRS argues that the order is an improper sole- source award because TEAC did not have a Federal Supply Schedule (FSS) contract with the General Services Administration (GSA) in effect at the time the Navy ordered the recorder systems. DRS also argues that, even if TEAC had an active FSS contract, the Navy did not follow applicable regulations in issuing the order, and that the regulations themselves--particularly Federal Acquisition Regulation (FAR) § 8.404--are inconsistent with applicable procurement statutes. We sustain the protest.

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