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[Protest of Specifications Under Navy RFP]

B-214191 Published: Aug 27, 1984. Publicly Released: Aug 27, 1984.
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Highlights

A firm protested a Navy contract award and the unduly restrictive specifications which the Navy used in the procurement. It also claimed reimbursement for its loss of income and profits and proposal preparation costs. The solicitation, as amended, required a brand name product, because the Navy determined that no other products were equal to the brand name required. GAO found that the protester failed to show that the decision to restrict the purchase to a brand name product was unreasonable. Accordingly, the protest was denied. In addition, GAO found no legal basis for allowing the protester to recover lost income or anticipated profits or other costs. Since the protester failed to show that the government acted arbitrarily in its decision or that, except for improper agency action, it had a substantial chance of receiving the award, the claim for bid preparation costs was denied.

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Bid preparation cost claimsBrand name specificationsContract award protestsNaval procurementSolicitation specificationsU.S. NavyBid preparation costsProfitsSpecificationsBid evaluation protestsSolicitationsImproper award of contractProcurementIntellectual property rights