Allegations of Buying-In and Inability To Perform at Contract Price

B-193001: Oct 30, 1978

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A protester alleged that the bid of a contract awardee constituted a buy-in and that the awardee would be unable to supply systems required in the specifications at the contract price. Although Defense Acquisition Regulations discourage buying-in, the practice is not illegal and does not preclude acceptance of below-cost bid. The allegation concerning performance at the contract price involves a determination of responsibility which is not for consideration by GAO.

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