[Protest of Defects in Air Force RFP for Photographic Processors]
Highlights
A firm protested alleged defects in an Air Force solicitation for photographic processors, contending that: (1) the Air Force failed to apply sealed bidding procedures to the procurement; (2) the solicitation's evaluation scheme was defective; and (3) a solicitation requirement unduly restricted competition. GAO found that: (1) the procurement did not require sealed bidding since price-related factors were not the basis for award; (2) the Air Force's decision to use negotiated procedures was based on its need to ensure that all offerers met the solicitation requirements; and (3) the solicitation adequately advised offerers of the agency's minimum requirements and the basis upon which proposals were to be evaluated. GAO held that: (1) it was the contracting agency's responsibility to determine what its minimum needs were and the best method of accommodating those needs; (2) a specification is not improper merely because a potential bidder cannot meet its requirements; and (3) since the Air Force established prima facie support that the restrictive specifications were reasonably related to its actual needs, the burden was on the protester to show that the requirements were arbitrary or otherwise unreasonable. Accordingly, the protest was denied.