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Under the Federal Acquisition Streamlining Act of 1994 (FASA),
simplified acquisitions--used to purchase supplies and services,
including construction, research and development, and commercial
items, the aggregate amount of which does not exceed certain
dollar thresholds (FAR sections 2.101, 13.000, 13.003(a))--are
excepted from the general requirement that agencies obtain full
and open competition through the use of competitive procedures
when conducting procurements. See 41 U.S.C. sections
253(a)(1)(A), (g)(1), and (g)(4) (2000). Part 13 of the FAR
establishes procedures for simplified acquisitions, which are
designed to promote efficiency and economy in contracting, and
to avoid unnecessary burdens for agencies and contractors. To
facilitate these objectives, FASA only requires that agencies
obtain competition to the maximum extent practicable. 41 U.S.C.
sect. 427(c); FAR sect. 13.104; Information Ventures, Inc.,
B-293541, Apr. 9, 2004, 2004 CPD para. 81 at 3. Under the
maximum-extent-practicable standard, an agency “may solicit from
one source if the contracting officer determines that the
circumstances of the contract action deem only one source is
reasonably available (e.g., urgency, exclusive licensing
agreements, or industrial mobilization).” FAR sect.
13.106-1(b)(1). We review protests of sole-source determinations
made in these procurements for reasonableness. Information
Ventures, Inc., supra. The agency has not demonstrated that it
had a reasonable basis to make a sole‑source award here.
Essentially, the agency states that it acted in “good faith”
based on the best information available at the time. This is not
a legitimate defense to this protest. Our review is based on
whether the agency’s sole-source decision was reasonable based
on the information reasonably available to the agency at the
time of the sole-source decision, not whether the agency acted
in good faith. See Ultraviolet Purification Sys. Inc., B-226941,
Sept. 10, 1987, 87-2 CPD para. 229 at 3-4. (Europe
Displays, Inc., B-297099, December 5, 2005) (pdf) |