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[Protest of VA Contract Award for Construction and Lease of Outpatient Clinic]

B-222622,B-222622.2: Sep 12, 1986

Two firms protested a Veterans Administration (VA) contract award to another firm, contending that: (1) the awardee's bid was nonresponsive since it failed to meet the solicitation requirement of a firm commitment for public water and sewer facilities when it made its offer; (2) VA should have rejected the awardee's bid outright because its building had less space than required; (3) the awardee wo...

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B-222622, B-222622.2, SEP 12, 1986, 86-2 CPD 289

B-222622,B-222622.2: Sep 12, 1986

AGENCY'S AFFIRMATIVE DETERMINATION OF OFFEROR'S RESPONSIBILITY WILL NOT BE REVIEWED BY GAO ABSENT FACTORS NOT PRESENT IN THIS CASE. THERE IS NO MATERIAL CHANGE IN THE AWARDEE'S PRICE ADVANTAGE AS A RESULT OF THE LOWER SQUARE FOOTAGE OFFERED. PROTESTER WAS NOT PREJUDICED UNDER THE SOLICITATION'S METHOD OF AWARD. ALLEGATION THAT DAVIS-BACON ACT IS APPLICABLE TO PROCUREMENT IS UNTIMELY WHEN FILED AFT...

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