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[Protest of RFP Provisions Issued by Department of Energy]

B-215092 Published: Dec 31, 1984. Publicly Released: Dec 31, 1984.
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Highlights

A firm protested the provisions of a Department of Energy (DOE) solicitation for telecommunications equipment, contending that: (1) DOE did not allow sufficient time for offerers to prepare initial proposals; (2) the solicitation contained insufficient information pertaining to equipment to be used with the units being procured; (3) DOE imposed an unreasonably short delivery schedule; (4) DOE improperly disclosed the protester's interest in the procurement to other firms; and (5) DOE improperly included a patent indemnity clause in the solicitation. GAO held that: (1) DOE allowed more than the statutorily required minimum proposal preparation time; (2) the solicitation provided adequate information for offerers to compete intelligently and on equal terms; (3) while the reasons cited by DOE for the short delivery period were classified, its in camera review of the classified DOE report on the procurement showed that the delivery terms were justified; (4) while DOE did include the protester's name in a letter to all offerers, the disclosure was not improper because agencies are only prohibited from disclosing information about bidders after the receipt of proposals; and (5) while DOE should have removed the improper patent indemnity clause, it did inform offerers that they could take exception to the provision. Accordingly, the protest was denied.

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Bid closing timeBid protestsDelivery termsInformation disclosureNegotiated procurementSolicitation specificationsTelecommunications equipmentBiddersProcurementIndemnityFederal acquisition regulationsEnergyBid evaluation protestsSolicitations