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[Protest of Specifications of BPA Solicitation for Vacuum Pump Systems]

B-234540 Published: May 31, 1989. Publicly Released: May 31, 1989.
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Highlights

A firm protested a Bonneville Power Administration (BPA) solicitation for vacuum pump systems, contending that the solicitation specifications overstated BPA needs and unduly restricted competition. BPA contended that GAO did not have jurisdiction to consider BPA bid protests, since it was vested with plenary power in its contracting procedures. GAO held that: (1) BPA was subject to GAO bid protest jurisdiction pursuant to the Competition in Contracting Act, since it came within the statutory definition of a federal agency as an entity within an executive department; and (2) the protester failed to show that the BPA requirements did not reflect its minimum needs. Accordingly, the protest was denied.

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