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Improper Determination not To Obtain Competition

B-176483 Jan 26, 1973
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Highlights

A company protested the award of a contract to the second low offerer. Although the solicitation specified a competitor's part number and did not include an or equal basis solicitation, it did not specifically exclude alternate products from consideration nor indicate that the award could not be delayed for testing and approval of other manufacturer's products. Although the contracting officer negotiated the procurement following a determination that it was impractical to obtain competition by formal advertising, that determination contemplated the impossibility of drafting adequate specifications. The award was improperly made, and future solicitations for the item should contain all information necessary to permit any bidder to offer an equal item.

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