[Protest of Allegedly Restrictive Specifications Under Air Force Solicitation for Data Dissemination]

B-219906: Dec 27, 1985

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A firm protested certain allegedly restrictive specifications in an Air Force solicitation for the gathering of South American weather data, contending that the solicitation's: (1) option provisions violated the Federal Acquisition Regulation because they imposed undue risk on potential bidders; and (2) delivery terms were not realistic and favored firms with existing South American information networks. GAO held that: (1) it was in the Air Force's interest to provide for contract options; (2) the option provisions did not impose any undue risk; (3) the Air Force failed to establish a reasonable basis for the delivery terms because the solicitation requirement for commencement of performance within 30 days was not related to its minimum needs. Accordingly, the protest was denied in part and sustained in part. GAO recommended that the Air Force revise the solicitation to provide for a longer period before performance commencement.

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