|
4
CFR 21.13 (a): Agreement in Writing from "Other
Than" Federal Agencies |
|
Comptroller
General - Key Excerpts |
| At the
outset, the Army asserts that we have no authority to
resolve this protest because the RFP was for the sale or
transfer of government property. [6] Therefore, the Army
contends that this is a nonstatutory protest which we
may not review absent the consent of the Secretary of
the Army (see 4 C.F.R. sect. 21.13(a) (1999)), which has
not been given. Agency Request for Dismissal at 1-2. We
disagree. Under the Competition in Contracting Act, 31
U.S.C. sect. 3551(1) (1994), our Office has authority to
review protests concerning the procurement and award of
contracts for property or services by a federal agency.
It is clear from the plain language of the RFP that the
procurement had a dual purpose: (1) to transfer
ownership of APG's water and wastewater facilities to a
regulated utility and (2) to contract with the utility
to which APG's water and wastewater facilities were
transferred for the provision of water and wastewater
treatment services to APG for a 10-year period. RFP
sect.sect. B, C.1.1, C.1, C.19 (water), and C.1, C.23
(wastewater). Moreover, it is undisputed that APG will
continue to need potable water and wastewater treatment
services and will acquire such services under the
contract awarded pursuant this RFP to the transferee. In
this regard, the prices at issue in this protest (i.e.,
the offerors' prices set out above) are prices that the
government will pay to acquire services (rather than
prices that the government will receive, as in a sale of
government property). We also note that the Army invoked
the authority of 10 U.S.C. sect. 2304(c)(1), a
procurement statute, as its authority for procuring the
services from a limited number of responsible sources.
Agency Report, Tab D, exh. 10, Justification Review
Document for Other Than Full and Open Competition, at 6.
Because one of the main objectives of the RFP was to
obtain water and wastewater services, we conclude that
we have jurisdiction to hear the protest. See Ship
Analytics, Inc. Dist. 2; Marine Eng'rs Beneficial Ass'n--Recon.,
B-227084.3, B-227084.4, Dec. 15, 1987, 87-2 CPD para.
590 at 2. (Government
of Harford County, Maryland, B-283259; B-283259.3,
October 28, 1999) |
|
|
Comptroller
General - Listing of Decisions |
| For
the Government |
For
the Protester |
| Government
of Harford County, Maryland, B-283259; B-283259.3, October
28, 1999 (PDF
Version) |
|
|
|
