Protest of Navy Contract Award

B-195877: Jan 22, 1980

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A firm protested the award of a Navy contract for radiologist services to another firm. The protester contended that: (1) it was deliberately excluded from competition; (2) the Navy failed to synopsize the procurement in the "Commerce Business Daily"; and (3) the award, after an inadequate competition, was not in the Government's best interest due to unreasonable costs and damage to the principle of open competition. The firm had previously supplied the services. The Navy denied that the exclusion of the protester was deliberate and contended that it did not synopsize the procurement on the basis of a regulation which exempts the synopsizing of procurements for professional services. The Navy has since determined that it will synopsize such requirements in the future. GAO held that there was an insufficient basis upon which to conclude that the firm was deliberately excluded from competition. As for the firm's final contention, GAO has held that the inadvertent exclusion of a bidder from the bidders mailing list does not require resolicitation. On the basis of the record and in view of the procuring activity's broad discretion in determining whether to cancel an invitation for bids after opening, GAO could not conclude that the protested award was not in the best interest of the Government. Therefore, the protest was denied.

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