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[Protest of Navy Contract Award for Medical Test Kits]

B-223952,B-223952.2 Published: Aug 25, 1986. Publicly Released: Aug 25, 1986.
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Highlights

A firm protested a Navy contract award for medical supplies, contending that: (1) the Navy improperly awarded the contract to another bidder based solely on price competition; and (2) the awardee's proposal failed to conform to the solicitation specifications. GAO held that since the Navy determined that it improperly awarded the contract to the awardee and withdrew its notice of award, it would not consider the protest since the issues raised were academic. The awardee protested the Navy's decision to withdraw notice of the award, contending that: (1) notice of the award created a valid contract that could not be rescinded; and (2) it amended its proposal to conform to the solicitation specifications. GAO held that: (1) the Navy correctly rescinded the notice of award since the protester failed to comply with the solicitation requirements; and (2) it would not consider the protest against the Navy's rescission method since it was a matter of contract administration. Accordingly, the protests were dismissed.

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