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Allegations That Bid Specifications Were Restrictive

B-194247 Jun 25, 1979
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Highlights

The Army prepared a list of specifications which allegedly represented its legitimate needs for a dictating and transcribing system. A list of the specifications and equipment was sent by the Army to each of four Federal Supply Service (FSS) vendors for comments followed by meetings and price evaluations based on FSS contracts. One of the vendors protested the specifications as unduly restrictive. The protester contended that its equipment was less expensive and would satisfy the Army's legitimate needs. There was no clear evidence that the protested specifications were unduly restrictive. A procuring activity is given a broad range of judgment and discretion in making determinations of its legitimate needs. Such specification determinations are not subject to question unless there is clear evidence showing that the determination has no reasonable basis. The protest consisted of a bare allegation and did not provide any specific rebuttal to the agency's position. The protest was denied.

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