Protest Alleging Firm Was Unfairly Precluded From Bidding on IFB

It was not at first determined that a procurement by the Department of Energy (DOE) for the production and sale of microfiche hard copy of research and development reports would be set aside for small business firms; thus, when the invitation for bids (IFB) was issued, only a 14-day bidding period remained. The protesting firm alleged that: (1) the 14-day bidding period prohibited any small business from making a rational or professional presentation; (2) the contract start-up time of 2 weeks was totally impossible in terms of achieving a quality operation; (3) the specifications as related to density requirements were not achievable for quality; (4) the contract term of 1 year would give a potential new bidder an extreme advantage in any further procurement action; and (5) DOE did not formally respond in a timely fashion to questions raised by the protester prior to bid opening. GAO held that it was reasonable for the contracting officer to limit bid preparation time due to the urgency of the situation caused by termination for default by the previous contractor. In addition, there was no showing of deliberate attempt by the agency to exclude the bidder, and adequate competition and reasonable bid prices were obtained. The fact that the protester was unable or unwilling to make the preaward investment necessary for start-up was not sufficient to warrant a conclusion that the specification was improper. There was no showing of unreasonableness either in the agency's technical judgment nor in the 1-year contract term. Well before bid opening, the protester had verbal notice that certain solicitation terms would not be changed. The protest was denied.