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B-271222 1 (1996-06-27)

handle is hein.gao/gaocrptaedk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Commercial Drapery Contractors, Inc. File: B-271222; B-271222.2 Date: June 27, 1996 Alan M. Grayson, Esq., and Victor A. Kubli, Esq., Law Offices of Alan M. Grayson, for the protester. C. Joseph Carroll, Department of Justice, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's issuance of purchase orders for draperies from a Multiple Award Schedule Federal Supply Schedule (FSS) vendor at higher prices than offered by other FSS vendors that could have satisfied the agency's requirements, based on the agency's need for urgent delivery which only the selected vendor assertedly could satisfy, was improper where the urgency was caused by the delays incident to the agency's prior improper issuance of purchase orders to the same vendor for the same requirement and the subsequent cancellation of these orders in response to prior clearly meritorious protests. DECISION Commercial Drapery Contractors, Inc. protests the issuance of purchase orders by Federal Prison Industries, Inc., doing business as UNICOR, to Contract Decor, Inc., for the supply of fabric and the installation of draperies under Contract Decor's Federal Supply Schedule (FSS) contract for draperies. We sustain the protests. The draperies were ordered by the Department of Veterans Affairs (VA) for its new Extended Care and Rehabilitation Center in Baltimore, Maryland. Specifically, VA needed delivery and installation of cubicle curtains and various decorative window top treatments no later than April 30, 1996, in time for the opening of its new facility. The VA contracting officer determined that UNICOR was a mandatory source for the draperies under 18 U.S.C. § 4124 (1994) and Federal Acquisition Regulation (FAR) § 8.602(a), which require government agencies to purchase supplies listed in UNICOR's schedule so long as the prices charged do not exceed current market prices. Draperies are on the schedule although UNICOR does not itself supply the fabric, which is cut and sewn into draperies at UNICOR's drapery 332626

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