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Protest Alleging No Other Bidder Submitted Responsive Technical Proposal

B-193261 Published: Jun 19, 1979. Publicly Released: Jun 19, 1979.
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Highlights

A company protested the award of a contract to any other bidder other than itself. The invitation for bids was the second step of a two step procurement issued by the Army for a direct reading vacuum spectrometer. The protester contended that it was the only offeror which submitted a responsive technical proposal under step one. Consequently, the protester asserted that the Army was either required to award a contract to it or enter into price negotiations with it to the exclusion of the other bidders. The two step formal advertising procedure combines the benefits of competitive advertising with the flexibility of negotiation. A technical proposal need not comply with all the details of the specifications. In determining the permitted deviation from the solicitation requirements the mandatory character of the language involved, its specificity, and the general thrust of the provision from which there has been deviation must be examined. The protester failed to prove its assertions. However, it was recommended that step one of this procurement be reopened. Any uncertainties regarding the expansion necessary to meet the Army's future analytical needs should be resolved by the Army and the protester during the reopened step one negotiations.

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