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Protest against Determination Not To Extend Contract

B-190187 Published: Mar 31, 1978. Publicly Released: Mar 31, 1978.
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Highlights

A company protested the agency decision not to extend its contract, procedural aspects of the procurement, and any award to the low bidder. The low bidder protested failure of the agency to award it the contract. The protests were denied because the determination not to extend a contract negotiated under the Small Business Act was within the discretion of the agency, and there was no support for the contention that the protester's actions to prevent contract termination resulted from the Government's obligation to extend the contract; an amendment to the solicitation which only extends the bid opening date did not have to be acknowledged by bid opening; there was no showing that the protester was unfairly deprived of reasonable time to prepare its bid; the failure of the low bidder to have State approval of its bid rate was a matter for the State agency and not the contracting officer; and the bidder's ability to perform at its offered price was a matter of responsibility which is not generally reviewed by GAO. The agency determination to hold up the award pending resolution of the protest was proper.

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