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Protest Based on Allegations That Solicitation and Award Were Improper

B-190023 Published: Jan 31, 1978. Publicly Released: Jan 31, 1978.
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Highlights

A protester to a contract award claimed that: the solicitation contained proprietary material; in view of the protester's small business and labor surplus status, solicitation should not have been "unrestricted;" evaluation of the price factor in proposals was defective; and the contract was improperly awarded. The protest was denied because: allegations related to proprietary material and the small business set-aside were untimely, the price analysis satisfied requirements and the scoring system used was not improper, it is improper to evaulate a proposal submitted by a small business differently from one submitted by a large business, and award of the contract on the basis of initial proposals without discussions was proper since the solicitation notified offerors of this possibility and the agency determined that there was adequate competition.

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