[Protest of National Guard Solicitation for Construction Work]

B-280945,B-280945.2,B-280945.3: Dec 4, 1998

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A firm protested an Army solicitation for construction at various National Guard installations, contending that the solicitation was flawed, since the Army was committing itself neither to order a stated minimum quantity of services nor to order all of its requirements from a successful bidder. GAO held that: (1) the solicitation would not have been binding, since the absence of valid mutual promises would have rendered the contract unenforceable; and (2) the solicitation failed to meet the test for formation of a valid indefinite-quantity contract, since the solicitation contained no stated minimum. Accordingly, the protest was sustained, and GAO recommended that the Army: (1) cancel the solicitation and reissue it in a legally sufficient form; and (2) reimburse the protester for its protest costs.

Mar 22, 2018

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.

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