About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-192985 1 (1979-01-25)

handle is hein.gao/gaobadgvt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECIION . 2§C. OF THE UNITED STATES WASHINGTON, D. C. 20548 3 IU~. FILE: B-192985 MATTER OF: DATE: January 25, 1979 GTE Sylvania Incorporated DIGEST: 6 1. GAO declines to consider issues directly related to default termination, including alleged impossibility of specifications, so , /4/ because they are before contract appeals V A~board. Protester may not collaterally attack or argue same issues in two forums. 2. Even though issues related to default termination are before contract appeals board, GAO will consider whether reprocure- ment was preoerly condlictdL 3. When defaulted contractor has stated that it cannot meet specifications which procuring agency considers essential, no useful purpose would be served by soliciting that contractor for reprocurement to same specifications. 4. Award of reprocurement contract to second-low bidder on original solicitation is recognized (? method of reprocurement, particularly when award is made at that bidder's price. GTE Sylvania Incorporated (GTE), whose contract to supply-the Federal-Aviation Administration (FAA)##CddC with lamps to be used along airport runways was termi- nated for default, has protested the agency's award of a reprocurement contract to General Electric Company (GE). e-A GTE alleqes that the reprocurement contract, like the terminated one, contains specifications which are ipasib.le-t-a--mee-t-. GTE furEer alleges that the reprocurement was improperly made on a sole source basis and that the sp-eTTT-aflons in uestion hve been waiyed.f.o.rGE. Even if GE is meeting the specifi- cations, GTE argues, they exceed the FAA'sminimum needs and therefore unduly restrict competition. 1Tt~ossil LE TO (n2EE7Q_ / eLj