Protest Involving a Contract for Janitorial Services

B-197192: Jan 10, 1980

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A firm protested the award of a Navy contract for completion of a previous janitorial services contract which was terminated for default. The protester contended that the awardee was affiliated with the company that defaulted and therefore should not have been permitted to compete in the reprocurement. The protester also contended that the second low bidder also should have been barred from the competition because it had an unfavorable track record with the Navy. In addition, the protester argued that the Navy should have conducted negotiations before awarding the contract. It was held that neither bidder could be deliberately excluded from competition due to a poor performance record since this would constitute an improper determination of nonresponsibility, that the Navy's determination that the awardee was responsible would not be questioned, and that negotiations are not permitted in an advertised procurement. Accordingly, the protest was denied.