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B-187191 1 (1976-10-13)

handle is hein.gao/gaobadefe0001 and id is 1 raw text is: C. DECISION1. '. OP TI-I UNIT DO ST'ATED , WASHINGTON, D.c. 20548 £ FILE: B.1387191 DATE: Ootober* 13, 1976 MATTER OF: Rartek Corporation .DIGE6T: Protest of award of subcontracts will not be copqidared on merits where it does not appear that Government per- sonnel were involved in subcontractor selection or that purchase wan for the Government or for other reasons set forth in Optimum Systems, Incorporated, 54 Comp, Gen. 767 (1975),. Roamtek Corporation (Ramtek) protests the award of two subcontrarcts by Singer Company, Simulation Products Division (Singer), under Navy contracts Nos. N00019-75-C-0215 and N61339-75-C-0112. IT Optimum Systems, Incorporated, 54 Comp, Gen, 767 (1975), 75-1 CPD 166, our Offf.ce held that we would only con- sider protests against the award of oubcontracts by prime contractors in certain circumstances, Basically, theste cir- cunstances fall into five categoriess firt, where the prime contractor is acting as purchasing agent of the Governient; second, in cases where the Government's active or direct participation in the velection of the subcontractor has the net effect of causing or controlling the rejection or selection of a potential subcontractor, or has significantly limited sub- contract sources; third, where fraud or bad faith in Goverivnent -approval of the subcontruct award or propbsed award is shown; fourth, where the subcontract award is for an agency of the Federal Government; and fifth, where the questions concerning the awards of subcontracts are suhmitted by officials of Federal agencies who are entitled to advance decislons from'our Office. By letter dated September 2, 1976, we furnished Ramtck a copy of Optimum Systems, Incorporated, and requested their views whether the protested subcontract awards fell within one of the five aium6ratcd situations when we consider prottsts against subcontract awards. 'Ramntok responded with blanket allegations of (1) involvement of Navy personnel in the procurement process, (2) bad faith on the part of the contracting officer and (3) Singer acting as the Government's prime purchasing agent under one of the protested contracts, However, Rnntk'offered no expLunatiins or substantiation in support of its altogaLions, kw1I- It

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