Agency's Failure To Conduct Meaningful Negotiations Constituted Limitation of Competition

B-184495: Feb 26, 1976

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Ralph O. White
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Kenneth E. Patton
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A company protested a contract award, claiming that the agency did not perform meaningful discussions with it and did not provide it with an opportunity to compete on an equal basis with the awardee. The agency's negotiation of interest pass-through provisions with the awardee without informing the protester effectively denied the protester an equal chance to compete. Negotiations should be reopened with the protester and, if necessary, the contract should be terminated for the convenience of the Government.

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