[Protest of Corps of Engineers Failure To Award Contract]

B-218081: Feb 21, 1985

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A firm protested the Army Corps of Engineers' failure to award a contract within the initial bid acceptance period. It contended that the failure to award materially changed the solicitation and that regulations do not intend for bidders to assume the risk of nonaward for the convenience of the government. GAO found that regulations do not impose a mandatory requirement on the government to make an award within the bidder's initial bid acceptance period, and they permit the government to request an extension of the acceptance period to avoid the need for readvertisement where administrative difficulties delay an award. The Army withheld award of the contract pending resolution of a protest filed by the next low bidder, and requested bidders to extend their bids. The protester refused to extend its bid, contending improper action by the agency. Since the other bid was extended, there was no reason to cancel and resolicit the procurement. Accordingly, the protest was dismissed.

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