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Protest Involving Determination of Nonresponsibility, Urgency, and Revelation of Proprietary Data

B-190719 Published: Sep 11, 1978. Publicly Released: Sep 11, 1978.
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Highlights

A company protested a contract award because of: the agency's failure to find the company financially responsible, the agency's determination of the urgency of the award, the agency's revelation of proprietary concepts, and the conduct of Government personnel. The request for a new preaward survey was not improper since the determination of responsibility should be based on the most current available information, and the determination that the company failed to demonstrate responsibility will not be questioned. The contracting officer's use of the urgency exception to Certificate of Competency procedures was allowed by procurement regulations. The protest concerning proprietary data was not filed until after the closing date for receipt of proposals and was untimely. Requests for proposal preparation costs and claims for damages and for recovery of lost profits were denied.

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