[Protest Alleging Specifications Are Unduly Restrictive]

B-207252.2: Nov 10, 1982

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A firm protested an amendment to a solicitation for diesel electric power generators at a naval shipyard. The amendment reduced the number of generator sets that bidders would be allowed to offer for the project. The protester argued that the specifications should be further amended, because they were unduly restrictive of competition. However, the Navy determined that the standards set were satisfactory to meet its minimum needs. GAO stated that, although the responsibility for determining the Government's minimum needs and best method to accommodate those needs is primarily that of the contracting agency, when a protester challenges a specification as unduly restrictive of competition, the burden is on the procuring agency to establish prima facie support for its contention that the restrictions it imposes are necessary. In this case, the Navy determined that to further amend the specifications as the protester requested would result in increased maintenance costs, reduced life expectancy of the units, and reduced availability for use. GAO found that the Navy's prima facie support in this case was adequate. Accordingly, the protest was denied.

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