Recommendation Made That Procurement Be Resolicited Based on Actual Agency Requirements

A firm selling text editing equipment protested the award of a contract by the Interstate Commerce Commission (ICC) because specifications issued by ICC for 91 text processor units and 44 high-speed printers were available from only one manufacturer and thus were unduly restrictive. The protester also questioned whether the specifications reflected the needs of ICC. The protest, filed the day before bid opening, asked to have the bid opening postponed; nevertheless, the contracting officer opened the bids as scheduled and awarded the contract to the one manufacturer allegedly able to furnish the equipment. The protest was sustained. Since ICC had not provided a reasonable basis for background mode, subscript and superscript display, and other specifications, these requirements were unduly restrictive even though ICC argued that more than one manufacturer submitted a responsive bid. It was recommended that the procurement be resolicited based on actual agency requirements.