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[Protest of Unrestricted UNICOR Solicitation]

B-257812 Published: Nov 14, 1994. Publicly Released: Nov 14, 1994.
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Highlights

A firm protested a Federal Prisons Industries (UNICOR) solicitation for angle steel, contending that UNICOR should have issued the solicitation as a small business set-aside, since there were numerous small businesses that could supply the item at reasonable prices. GAO held that UNICOR: (1) unreasonably determined that there were not at least two small businesses that would submit bids at reasonable prices; (2) knew of at least 30 small businesses that were interested in providing the required item; and (3) improperly issued the solicitation on an unrestricted basis. Accordingly, the protest was sustained and GAO recommended that UNICOR: (1) resolicit the remaining base year requirements as a small business set-aside and terminate the awardee's contract; (2) solicit the option requirement as a small business set-aside if contract termination is not feasible; and (3) reimburse the protester for its protest costs.

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Federal procurementIrregular procurementLegal feesManufacturing contractsMetalsPricing surveysSmall business contractorsSmall business set-asidesSpecifications protestsSmall businessBiddersProcurementBid evaluation protestsSolicitationsBid proposalsFederal prisonsContract terminationIntellectual property rightsOffer acceptance periods