[Protests of Bureau of the Mint Procurement of Annual Requirement]

B-210642,B-210642.2,B-211730: Mar 6, 1984

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A firm protested a contract award to another firm by the Department of the Treasury. Treasury issued a solicitation for blanks for one-cent coins, then canceled the solicitation and reissued two solicitations to cover the requirement. The protester protested: (1) the cancellation of the first solicitation; (2) the delivery terms under the first solicitation; and (3) the allegedly unduly restrictive solicitation provisions in the second and third solicitations. GAO found that the first solicitation was canceled because Treasury wanted to set aside part of the procurement for small businesses. GAO held that the cancellation was proper which rendered academic the protest regarding delivery terms. Regarding the second and third solicitations, the protester contended that: (1) under the two solicitations, Treasury would be obligated to procure twice its actual requirements; (2) the solicitations were contradictory since they would obligate Treasury to obtain all of its requirements from more than one source; and (3) the two solicitations were constructed by Treasury to accommodate the incumbent contractors which, in effect, created a sole-source procurement. GAO held that Treasury was not procuring more than its actual needs and that Treasury was under no obligation to obtain all of its requirements from one source. GAO also held that the solicitations were not designed to favor the incumbent contractors and noted that several firms other than the incumbent contractor bid on the solicitations. Accordingly, the protest was denied in part and dismissed in part.