[Protest of Air Force Contract Award for Oil Separator Cleaning]

B-255258: Feb 22, 1994

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A firm protested an Air Force contract award for cleaning and monitoring oil separators and settling basins, contending that the: (1) Air Force failed to notify it of the awardee's bid; (2) awardee's bid was materially unbalanced; and (3) awardee had a competitive advantage, since it knew the other bid prices. GAO held that: (1) the Air Force properly cancelled the solicitation and converted it to a negotiated procurement, since none of the bids received under the solicitation were acceptable for award; (2) the Air Force was not required to inform bidders of all bids received or who was participating in the procurement; (3) the protester was not prejudiced by the Air Force's failure to disclose the awardee's low bid, since it did not contend that it would have submitted a lower bid if it had known of the awardee's bid; (4) the awardee's bid was not materially unbalanced; and (5) it would not review the Air Force's affirmative determination of the awardee's responsibility, since there was no evidence of fraud or that the solicitation's definitive responsibility criteria were not met. Accordingly, the protest was denied in part and dismissed in part.

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