Agency Actions Tantamount to Waiver of Solicitation Specifications

A company protested award of two contracts, alleging that the agency's actions amounted to a waiver of a clause requiring a standard commercial product. Since the agency did not determine if the awardee could provide the product, the standard commercial product clause was, in effect, waived, and the award was improper. However, in view of the extent to which the contract has been performed, it would not be in the Government's best interest to terminate the contract.