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Allegation That Bid Specifications Are Impossible To Meet

B-192985 Jan 25, 1979
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Highlights

A company protested default termination of its contract, and subsequent reprocurement award, alleging that both contracts contained specifications which were impossible to meet and exceeded the agency's minimum needs. Protester further claimed that reprocurement was improperly made on a sole source basis, and that the specifications in question were waived. Issues directly related to default termination, including alleged impossibility of specifications, were not for consideration because they were before a contract appeals board at the time protest was filed. GAO will not question an agency's determination of its minimum need unless there is a clear showing that the determination has no reasonable basis. Award of a reprocurement contract to the second-low bidder on the original solicitation is a recognized method of reprocurement when award is made at that bidder's original price. The protest was denied.

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