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Protest of IFB Cancellation by Defense Logistics Agency

B-191856 Published: Apr 05, 1979. Publicly Released: Apr 05, 1979.
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Highlights

The Air Force canceled an invitation for bids for air conditioners after bid opening, and Keco Industries, Inc. protested. The contracting officer canceled the solicitation in order to review the specifications after the low bidder, who was experiencing difficulties meeting the requirements for the same item under another contract, complained that it was impossible to meet the specifications. The contracting officer determined that the specifications referred to obsolete part numbers, imposed first article test requirements that might be impossible to meet, and imposed a test requirement that appeared to exceed the Government's needs. Keco Industries, however, asserted that it could and was meeting all the specification requirements under its contracts for these air conditioners. GAO believed that the contracting officer had a reasonable basis for questioning the validity of the requirements and seeking to review the Government's needs. The use of inadequate or deficient specifications may provide a sufficient basis for invitation cancellation, and in this case there appeared to be no reason to question the contracting officer's decision. Hence, the protest was denied.

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