[Protest of Failure To Receive Copy of Army RFQ]

B-211711: Jun 7, 1983

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A firm protested its failure to receive a copy of an Army request for quotations. The Army's Contracts Branch had assured the protester that it would receive an invitation to bid for the supply of microbiology media. However, the Purchases Branch of the Army Contracting Division later assumed the responsibility for such purchases, and it solicited three other firms. The protester contended that, since the Army hospital for which the purchase was being made recommended the solicited firms and since the awardee was a wholesaler, there apparently was collusion between Army lab personnel and the Purchases Branch regarding who would have the opportunity to bid. GAO has held that a protester has the burden of proving collusion. In this case, GAO found that the protester failed to carry its burden of proof. GAO has also held that, while purchasing activities should seek maximum practicable competition, two responsive, reasonably priced bidders may be considered adequate competition. Since the Army received two responsive, reasonably priced quotations, GAO found this aspect of the protest without merit. Accordingly, the protest was denied.

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