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Protest Against Agency's Failure To Solicit Firm

B-182636: Feb 12, 1975

A company protested the agency's failure to send it a copy of a solicitation and objected to award of the contract prior to resolution of its protest. There was no deliberate attempt to exclude the protester, the procurement was advertised in the Commerce Business Daily (CBD), and adequate competition was achieved; consequently, the failure to solicit the protester was inadvertent and not remediab...

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B-182636, FEB 12, 1975

B-182636: Feb 12, 1975

ADVERTISEMENT IN THE COMMERCE BUSINESS DAILY AND EXISTENCE OF COMPETITION REQUIRE CONCLUSION THAT PROTESTER'S FAILURE TO RECEIVE A COPY OF SOLICITATION IS A MERE INADVERTENCE AND NOT REMEDIABLE. 2. EVEN THOUGH PROTEST WAS FILED MORE THAN 30 DAYS AFTER NOTICE IN THE CBD MATTER WAS NOT DISMISSED AS UNTIMELY SINCE PROTESTER SEEMED TO ALLEGE AN EXPRESS COMMITMENT WAS MADE BY NAVY TO SOLICIT THE FIRM A...

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