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B-191590 1 (1978-09-26)

handle is hein.gao/gaobadgmh0001 and id is 1 raw text is: I THE COMPTROLLAPR CIENERAL DECISION . OF THU UNITEO STATES .W WASHINGTON, D.C. 80548 FILE: B-191590 DATE: Reptcuber 26, 19'8 MATTES OF: Creative Electric, Inc. DIGEST: 1. Failure of.a solicitation to provide for specific acquisition of unlimited rights in tect ical data is a compelling reason to cancel an IFB after bids are opened where record supports procuring activity's determi- nation that award thereunder to low bidder would not serve actual needs of Government because all cost factors to Government were not provided for in original solicitation. 2. Where Navy met requirements for specific ac aisition of unlimited data rights (DAR S 9-202.2(f)(1)) but was unable to determine whether anticfpated net savings would exceed acquisition cost of unlimited data rights until after bts were received Navy had ade- quade justification to solicit for 'nlimited data rights. Moreover, provision in. solici- tation for acq6isition of unlimited data rights as separate bid item was not ob3ec- tionable and was consistent with procurement regulation. 3. Protester's contention that secotid solicita- tion's specific acquisition of data clause did not meet Go ernment's actual needs in-, volves an alleg-d impropriety in the solic- itiation which whs apparent prior to bid opening and since protester first. raised issue with agency after bid openig it. is untimely raised under 4 C.F.P. $ 20.21,b)(1) (1977). 4. Neither NRPO Office Instruction 4200.308 nor DAR S 2-407.8(a)(1) require that a written protest. be responded to in writing prior to L~I;

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