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B-194580 1 (1979-07-31)

handle is hein.gao/gaobadhlo0001 and id is 1 raw text is: P/-- //' , A 0 THE COMPTROLLER GENERAL DECISION * OF THE UNITED STATES WASHINGTON, DC. 20548 FILE: B-194580 OATE:July 31, 1979 MATTER OF: St. Joseph Telephone & Ozfi$ Telegraph Company DIGEST: 1. Allegation that agency's proposed purchase of telephone equipment is contrary to Office of Management and Budget (OMB) Circular A-76, Office of Telecommunications Policy (OTP) Circular No. 13 and Department of Defense Directive 4100.15 is not for consideration under GAO Bid Protest Procedures because determination is matter of Executive policy. 2. Agency's determination to purchase telephone equipment and not to consider lease of equip- ment is not unduly restrictive of competition where Government ownership and maintenance is necessary in case of natural disaster (flood conditions) or national emergency. St. Joseph Telephone & Telegraph Company (St. Joseph) protests any award of a contract under invitation for- bids (IFB) DACW01-79-B-0085, issued by the Corps of Engineers. The IFB requested bids for the purchase of a Private Automatic Branch Exchange (PABX) Telephone System for the Jim Woodruff Powerhouse, Florida. Bid opening has been postponed pending -resolution-of this'protest. St. Joseph maintains that the IFB unduly restricts competition by excluding firms, like itself, which would offer to lease and maintain, rather than sell, the equip- ment to the Corps. St. Joseph also contends that the Corps' determination to buy the equipment (Corps ownership) is inconsistent with the policy requirements of Office of Management and Budget (OMB) Circular A-76, Department of Defense (DOD) Directive 4100.15, and Office of Tele- communications Policy (OTP) Circular No. 13. For the following reasons we dismiss the objection based on the policy requirements of the referenced circulars and directive and deny the remainder of the protest. 5/ L L 64-/ 0 'A T 77- PsTwic'C)S C0.ck#7T/ fo A) (crkhn 1 - 6 t, - - 11