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Protest of Sole-Source Restriction in Solicitation

B-200595: Jul 20, 1981

A firm protested a sole-source restriction placed on the purchase of control assemblies. The contracting agency contended that the protest was untimely and not for consideration. GAO has held that a communication of a prospective or actual bidder need not contain any precise and prescribed words of protest to be characterized as a formal bid protest. Thus, it found that a conversation held between...

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B-200595, JUL 20, 1981

B-200595: Jul 20, 1981

SUBSEQUENT PROTEST OF RESTRICTION TO GAO IS ALSO TIMELY SINCE FILED WITHIN 10 DAYS OF INITIAL ADVERSE AGENCY ACTION ON PROTEST. 2. WHERE PROTESTER FAILS TO SHOW THAT MILITARY SPECIFICATION CITED IS SUFFICIENT BY ITSELF TO PERMIT COMPETITIVE PROCUREMENT. PROTESTER HAS NOT MET ITS BURDEN OF AFFIRMATIVELY PROVING THAT AGENCY DECISION TO PROCURE FINAL REQUIREMENT OF PART ON SOLE-SOURCE BASIS IS UNREAS...

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