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Protest of Army Contract Award

B-203589: Sep 2, 1981

A firm, which was one of the four low bidders for an Army procurement, protested the contract award to any other bidder. The protester contended the following: (1) one of the other low bidders was not a small business and could not compete under the 100-percent small business set-aside; and (2) the other two low bidders should be rejected as nonresponsive because of the failure to comply with one...

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B-203589, SEP 2, 1981

B-203589: Sep 2, 1981

FAILURE OF THE TWO LOWEST BIDDERS TO COMPLY WITH IFB'S OPTION PROVISION IS NOT MATERIAL DEVIATION REQUIRING REJECTION OF BID AS NONRESPONSIVE SINCE OPTION IS NOT BEING EVALUATED IN DETERMINING AWARDEE. 2. BIDDER THAT DID NOT SUBMIT OFFER UNDER IFB OPTION PROVISION DID NOT OBTAIN UNFAIR COMPETITIVE ADVANTAGE SINCE CONTINGENCY FACTOR PROTESTER ADDED INTO BID FOR BASIC QUANTITY IN ANTICIPATION THAT G...

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