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[Protest of Performance Standards Under Air Force RFP for Operation of Contractor-Operated Automotive Parts Store]

B-223263.2: Nov 18, 1986

A firm protested certain allegedly restrictive specifications under an Air Force solicitation for the operation of a base automotive parts store, contending that: (1) the delivery terms were unreasonable because they required the contractor to deliver certain obscure parts on demand within a short time frame; and (2) a liquidated damages clause imposed an impermissible penalty for late performance...

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B-223263.2, NOV 18, 1986, 86-2 CPD 575

B-223263.2: Nov 18, 1986

PERFORMANCE STANDARDS FOR OPERATION OF AN AUTOMOTIVE PARTS STORE ARE NOT CONSIDERED OVERLY RESTRICTIVE WHERE THE PROCURING AGENCY HAS PRESENTED PRIMA FACIE SUPPORT THAT THE RESTRICTIONS ARE NECESSARY TO MEET THE AGENCY'S LEGITIMATE MINIMUM NEEDS AND THE PROTESTER HAS FAILED TO SHOW THAT THE REQUIREMENTS ARE CLEARLY UNREASONABLE. SOLICITATION PROVISION FOR CONTRACT PAYMENT DEDUCTIONS FOR FAILURE TO...

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