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[Protest of Bid Opening and Any Contract Award Under Air Force IFB]

B-213121 Published: Jan 25, 1984. Publicly Released: Jan 25, 1984.
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Highlights

A firm protested the Air Force's opening of bids and any contract award under an invitation for bids issued for the renovation of kitchen facilities. The protester complained that one of the Air Force's material requirements exceeded the agency's minimum needs and unduly restricted competition. The protester argued that the product it proposed would be less expensive while meeting these needs and current industrial standards. A solicitation provision which limits a potential offerer's freedom to propose products which it believes are suitable is an undue restriction of competition unless the contracting authority can establish the basis for the requirement. In this case, GAO found that the Air Force failed to meet its burden of demonstrating that the requirement reasonably related to its minimum needs. Accordingly, the protest was sustained and GAO recommended that the Air Force re-evaluate its requirement to determine whether the product offered by the protester would meet its needs.

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