Protest Against Agency's Failure To Solicit Firm

B-182636: Feb 12, 1975

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A company protested the agency's failure to send it a copy of a solicitation and objected to award of the contract prior to resolution of its protest. There was no deliberate attempt to exclude the protester, the procurement was advertised in the Commerce Business Daily (CBD), and adequate competition was achieved; consequently, the failure to solicit the protester was inadvertent and not remediable. Although the protest was filed more than 30 days after notice in the CBD, it was not dismissed as untimely since there was a possibility that the firm may have been misled. Award made pending resolution of a protest was proper since there was an urgent need for the items. Issues concerning the adequacy of the specification and the awardee's responsiveness were not timely raised.

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