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Protest of Solicitation Cancellation After Bid Opening

B-191023 Published: Dec 20, 1978. Publicly Released: Dec 20, 1978.
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Highlights

Cancellation of a solicitation for load bank systems after bid opening is justified when the agency determines that the specifications are overstated as to weight, size, and ventilation requirements, and the agency determines that procurement is better suited to a two-step formal advertising procedure. "Proprietary" data submitted in response to the descriptive literature requirement in the Invitation for Bids (IFB), and which was subsequently canceled, were not improperly disclosed to other bidders. The data were not marked "proprietary" and the regulations require that the data be unrestricted. A claim for bid preparation costs is denied where there is no evidence of arbitrary or capricious action toward the claimant by an agency in canceling the IFB.

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