[Protests of Air Force Rejection of Unsolicited Offers]

B-215189,B-215277,B-215804: Jan 18, 1985

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A firm protested the Air Force's issuance of purchase requests for spare parts, contending that: (1) it could supply the required parts at prices lower than those of the approved source; (2) the determination that it was nonresponsive should have been referred to the Small Business Administration (SBA); and (3) the Air Force's failure to notify it of the awards or to explain the rejection of its offers violated acquisition regulations. The Air Force stated that it had insufficient data to evaluate the protester's spare parts and that the protester had no production capability. The Air Force further contended that, to the extent that the protester challenged the procurements as unduly restrictive, the protests were untimely filed. GAO found that: (1) those bases of protest which were raised within 10 days of the protester's notification that its offers had been rejected were timely filed; (2) the protester failed to demonstrate that it could manufacture the spare parts to the precise dimensions required; (3) with regard to two of the purchase requests, the protester's allegations were without merit because its prices were not the lowest offered; (4) there was no requirement for a referral to SBA, since the protester's offers were not rejected on the basis of nonresponsibility; and (5) an agency's failure to notify an unsuccessful bidder does not affect the validity of an otherwise proper award. Accordingly, the protests were denied.

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