[Request for Reconsideration of Decision Concerning Bidder Responsiveness]

B-218056.2: May 21, 1985

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A firm requested reconsideration of a decision which denied its protest concerning first article testing waivers under a solicitation requesting alternative bids. GAO had held that a bid based on either alternative would be responsive. The protester contended that bidders were required to submit bids to supply the required items with and without first article testing because, by submitting a bid with only one alternative, a bidder was depriving the government of the right to choose the most advantageous ascertain the availability of potential alternative sources. GAO found that the act's authority only extended to the acquisition of items at foreign service posts abroad to meet emergency overseas security requirements and was clearly not applicable to this procurement. GAO has held that, even if a market survey indicated that there was only one source capable of meeting an agency's needs, the agency must submit a synopsis of an intended sole-source procurement for publication in the CBD 30 days before commencing negotiations for an award unless there is some urgency to fulfill the agency's needs. GAO found that the contractor recommendation for the procurement was given to State more than 3 months prior to the award and that there was ample time to have the CBD notice published. Accordingly, the protest was sustained; however, since the equipment had been delivered, GAO did not recommend corrective action in this case. Further, GAO recommended that State ensure that requirements for publicizing procurement actions are followed in the future.

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