Protest Against Award of Negotiated Contract Without Discussions With Offerers

B-184375: Jan 28, 1976

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The protester objected to the agency's award of a negotiated contract without conducting discussions with offerers. There was no basis to object to the agency's determination that the time of delivery did not permit discussions to be held and that award should be made on the basis of initial proposals. Protests against solicitation specifications were untimely since they were filed after award. The agency failed to execute the required determination and findings justifying the use of negotiation, and the record did not disclose why it would not have been feasible for the agency to have used formal advertising to satisfy the procurement needs. Although the contract award was not disturbed on that basis, the agency did not intend to exercise any options available under the contract.

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