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B-219195, JUL 1, 1985, 85-2 CPD 9

B-219195 Jul 01, 1985
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BIDS - COMPETITIVE SYSTEM - EQUAL BIDDING BASIS FOR ALL BIDDERS - BIDDER'S SUPERIOR ADVANTAGE DIGEST: THE GOVERNMENT IS NOT REQUIRED TO EQUALIZE THE COMPETITIVE ADVANTAGE OF COMPETING CONCERNS WHERE SUCH ADVANTAGE IS NOT THE RESULT OF PREFERENCE OR UNFAIR ACTION BY THE GOVERNMENT. ADI ARGUES THAT IT WOULD BE ABLE TO SUBMIT THE LOWEST BID IF LARGE FILM MANUFACTURERS WOULD SELL RAW FILM NECESSARY FOR THE PERFORMANCE OF THE CONTRACT TO ADI AT THE SAME PRICE THOSE SAME CONCERNS WILL OFFER TO THE GOVERNMENT IN COMPETING FOR THIS CONTRACT. IT IS WELL RECOGNIZED THAT A FIRM MAY ENJOY A COMPETITIVE ADVANTAGE BY VIRTUE OF ITS OWN PARTICULAR CIRCUMSTANCES. AS LONG AS THE ADVANTAGE IS NOT THE RESULT OF PREFERENCE OR UNFAIR ACTION BY THE GOVERNMENT.

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B-219195, JUL 1, 1985, 85-2 CPD 9

BIDS - COMPETITIVE SYSTEM - EQUAL BIDDING BASIS FOR ALL BIDDERS - BIDDER'S SUPERIOR ADVANTAGE DIGEST: THE GOVERNMENT IS NOT REQUIRED TO EQUALIZE THE COMPETITIVE ADVANTAGE OF COMPETING CONCERNS WHERE SUCH ADVANTAGE IS NOT THE RESULT OF PREFERENCE OR UNFAIR ACTION BY THE GOVERNMENT.

AUTOMATED DATATRON, INC.:

AUTOMATED DATATRON, INC. (ADI) PROTEST INVITATION FOR BIDS (IFB) NO. 2528 -S ISSUED BY THE GOVERNMENT PRINTING OFFICE (GPO) FOR THE PROCUREMENT OF DUPLICATE MICROFICHE. ADI ARGUES THAT IT WOULD BE ABLE TO SUBMIT THE LOWEST BID IF LARGE FILM MANUFACTURERS WOULD SELL RAW FILM NECESSARY FOR THE PERFORMANCE OF THE CONTRACT TO ADI AT THE SAME PRICE THOSE SAME CONCERNS WILL OFFER TO THE GOVERNMENT IN COMPETING FOR THIS CONTRACT.

WE DISMISS THE PROTEST.

IT IS WELL RECOGNIZED THAT A FIRM MAY ENJOY A COMPETITIVE ADVANTAGE BY VIRTUE OF ITS OWN PARTICULAR CIRCUMSTANCES. AS LONG AS THE ADVANTAGE IS NOT THE RESULT OF PREFERENCE OR UNFAIR ACTION BY THE GOVERNMENT, THE GOVERNMENT IS NOT REQUIRED TO EQUALIZE THE COMPETITIVE POSITION OF THE BIDDERS. SEE RODENBERG'S FLOOR COATINGS, INC., B-211908, JUNE 20, 1983, 83-2 CPD PARA. 5. THE ASSERTED ADVANTAGE IN ADI'S CASE IS NOT CONNECTED WITH ANY GOVERNMENT ACTION.

THE PROTEST IS DISMISSED.

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