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Protest Against Termination of Contract Based on an Alleged Impropriety in the Award Process

B-192941 Published: Jan 22, 1979. Publicly Released: Jan 22, 1979.
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Highlights

A company protested an agency's decision to terminate its contract due to the premature opening of all bids and the improper evaluation of options. Evidence clearly indicated that no bidder was prejudiced by evaluation or by the premature opening of bids, and there was no evidence that bidders submitted unbalanced bids or that bidders would have submitted lower base bids had options not been evaluated. It was also shown that the protester's contract would result in the lowest cost to the government. Termination of the contract was not justified and reinstatement was recommended; however, since the option provisions should not have been included in the solicitation, the options in the reinstated contract were not to be exercised.

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