Protest Alleging Improper and Illegal Procurement Activities

B-184832: Mar 30, 1976

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A company protested issuance of a purchase order, alleging that the procurement was illegal and improper because there was no written solicitation, only the awardee submitted a quotation, the solicitation contained an improper penalty clause, and the procurement was classified. Since Armed Services Procurement Regulation small purchase procedures express a preference for oral solicitations of work, the lack of a written solicitation was not improper. There was no merit in the argument concerning the noncompetitive award, and the protester's request for extension of its contract would be equally noncompetitive. The penalty clause was not illegal, and procurement regulations were not violated by including the amount of damages in the contract price. Determining the security of a procurement is the responsibility of the agency and not for review by GAO.

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