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B-185864 1 (1976-08-17)

handle is hein.gao/gaobaddhr0001 and id is 1 raw text is: '~~~; C, r I rHE~ i ~ W \ASHINGTON, D.C. 205E3 FILE: B-185864 DATE: August 17, 1976 MATTER OF: Scott Glass, Inc. - Reconsideration DIGEST: 1. Absent authority to support recovery of negotiated damages, unsuccessful bidder's only remedy is claim for bid preparation costs. 2. In view of limited purpose of estimated cost range and responsibility of bidders to determine own bid prices, GSA was not required to accept bid within estimated cost range when bid was determined to be excessive compared to subsequent Government cost estimate and other bid received. 3. Small business bidder was not prejudiced by omission in adver- tisement that solicitation was set aside for small business, since IFB indicated that procurement was restricted and bidder submitted timely bid. 4. Although IFB duplicated requirement in existing contract, IFB was not misleading in indicating that GSA intended to obtain windows by separate procurement, since duplication was eliminated when windows were deleted from existing contract. 5. Assuming that preinvitation notices had been sent primarily to large businesses as contended by small business bidder, it has not shown any prejudice as it was able to submit a bid. 6. Under Bid Protest Procedures, successful bidder under resolici- tation which protester contended should not have been issued was entitled to receive copies of protest documents and question of whether bidder requested copies is irrelevant. 7. Cancellation of small business set-aside and resolicitation under unrestricted IFB is proper where bids are unreasonable in price. - 1

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