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Protest Alleging IFB Specifications Were Restrictive

B-194188 Published: Jun 19, 1979. Publicly Released: Jun 19, 1979.
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Highlights

The low bidder protested the award of a contract for computer room air conditioning to a competitor. The protester alleged that its bid met or exceeded all of the functional requirements of the specifications. Any deviation was minor and the contracting agency should have waived or corrected the deviations and considered the bid responsive. The protester requested that the contract awarded be terminated and award of a new contract be made to it or alternatively, that it receive bid preparation and protest prosecution costs. The protest alleging that specifications were restrictive was untimely and was not considered. The invitation for bids (IFB) requirement for descriptive literature was defective because it failed to comply with regulations. The low bid was properly rejected as nonresponsive but the award to the only other bidder was improper where the bid contained material deviations from the specifications. The solicitation should have been canceled and readvertised. However, due to the passage of the delivery date, corrective action would be impracticable. The agency was advised of the procurement deficiency to prevent recurrence in the future. The claim for bid preparation costs was denied since the contracting agency was not arbitrary or capricious toward the protester.

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