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B-185306 1 (1976-04-05)

handle is hein.gao/gaobaddqi0001 and id is 1 raw text is: ~LLER C /THE COMPTROLLER GENERAL . .ESDOF THE UNITED STATES WASHINGTON, D.C. 20548 IN IT ID f90 FILE: B-185306 DATE: April 5, 1976 MATTER OF: 3M Company DIGEST: Protester's allegation that agency should purchase require- ments from Federal Supply Schedule (FSS) is rendered moot by agency decision to purchase from FSS contractor other than protester who was subsequently listed on multiple- award schedule. On November 10, 1975, the 3M Company (3M) protested the purchase of a library detection system under Request for Quotations (RFQ) No. 6-36983, issued by the Department of Commerce on October 10, 1975. 3M claimed that any open-market purchase of a library detection system was improper because 3M had a library detection system listed on the Federal Supply Schedule (FSS). The Department of Commerce reported that on November 6, 1975, the General Services Administration informed that Department that 3M had a library detection system on the FSS under the multiple-award schedule, FSC group 63, Special IRM No. 246-20, awarded on October 30, 1975. Federal Property Management Regulations § 101-26.401-1 provides that the Federal Supply Schedules are mandatory to the extent specified in each schedule. The 3M schedule contract stated in this regard: Scope of Contract (a) This solicitation provides for normal supply requirements of all departments and independent establishments, includ- ing wholly-owned Government corporations, in the executive branch of the Federal Government (except the Department of Defense and Department of Labor) and the Government of the District of Columbia, for delivery within the 48 contiguous States and Washington, D.C., and result- ant contracts will be used as primary sources for the articles or services listed herein. - 1 -

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