B-220365, OCT 21, 1985, 85-2 CPD 432
Highlights
CONTRACTS - REQUESTS FOR QUOTATIONS - CANCELLATION DIGEST: PROTEST THAT FIRM SHOULD HAVE RECEIVED THE AWARD FOR A ROTARY FILING SYSTEM AS THE LONE ACCEPTABLE OFFEROR IS DISMISSED WHERE THE AGENCY CANCELED THE SOLICITATION DUE TO A CHANGE IN ITS NEEDS DICTATED BY MODIFICATIONS IN ITS OFFICE FLOOR PLAN. JJK BELIEVES IT WAS ENTITLED TO THE AWARD AS THE LONE ACCEPTABLE OFFEROR. INTERNAL DOJ MEMORANDUM INDICATING THAT THE RFQ WAS BEING CANCELED DUE TO UNANTICIPATED CHANGES IN THE FLOOR PLAN OF NEW DOJ OFFICE SPACE IN WHICH THE FILES WERE TO BE INSTALLED. WE HAVE HELD THAT CANCELLATION OF A SOLICITATION IS PROPER WHERE AN AWARD UNDER THE SOLICITATION WOULD NOT HAVE SATISFIED THE AGENCY'S NEEDS. DOJ HAS DETERMINED THAT ITS FILING EQUIPMENT NEEDS HAVE CHANGED DUE TO THE FLOOR PLAN CHANGES.
B-220365, OCT 21, 1985, 85-2 CPD 432
CONTRACTS - REQUESTS FOR QUOTATIONS - CANCELLATION DIGEST: PROTEST THAT FIRM SHOULD HAVE RECEIVED THE AWARD FOR A ROTARY FILING SYSTEM AS THE LONE ACCEPTABLE OFFEROR IS DISMISSED WHERE THE AGENCY CANCELED THE SOLICITATION DUE TO A CHANGE IN ITS NEEDS DICTATED BY MODIFICATIONS IN ITS OFFICE FLOOR PLAN, AND THE PROTESTER DOES NOT CHALLENGE THE AGENCY'S JUSTIFICATION FOR CANCELING.
JJK & ASSOCIATES:
JJK & ASSOCIATES (JJK) PROTESTS THE DEPARTMENT OF JUSTICE'S (DOJ) DECISION NOT TO AWARD THE FIRM A CONTRACT FOR A ROTARY FILING SYSTEM UNDER REQUEST FOR QUOTATIONS (RFQ) NO. 5-20-014926. JJK BELIEVES IT WAS ENTITLED TO THE AWARD AS THE LONE ACCEPTABLE OFFEROR. WE DISMISS THE PROTEST.
JJK INCLUDED WITH ITS PROTEST A COPY OF AN OCTOBER 2, 1985, INTERNAL DOJ MEMORANDUM INDICATING THAT THE RFQ WAS BEING CANCELED DUE TO UNANTICIPATED CHANGES IN THE FLOOR PLAN OF NEW DOJ OFFICE SPACE IN WHICH THE FILES WERE TO BE INSTALLED. THE MEMORANDUM EXPLAINS THAT THE AGENCY PLANS TO EMPLOY AN INTERIOR DESIGNER TO REDEFINE ITS FURNITURE AND EQUIPMENT NEEDS FOR THE NEW SPACE.
WE HAVE HELD THAT CANCELLATION OF A SOLICITATION IS PROPER WHERE AN AWARD UNDER THE SOLICITATION WOULD NOT HAVE SATISFIED THE AGENCY'S NEEDS. AMERICAN MARINE DECKING SYSTEMS, INC., B-216580, MAR. 1, 1985, 85-1 CPD PARA. 256. DOJ HAS DETERMINED THAT ITS FILING EQUIPMENT NEEDS HAVE CHANGED DUE TO THE FLOOR PLAN CHANGES, AND THAT THE ROTARY FILES UNDER THIS RFQ THUS WILL NOT MEET ITS NEEDS. AS JJK DOES NOT CHALLENGE, OR EVEN SPECIFICALLY ADDRESS, DOJ'S POSITION THAT CANCELLATION THEREFORE IS WARRANTED, WE HAVE NO BASIS FOR QUESTIONING THE CANCELLATION.
WE NOTE THAT JJK ALSO SEEMS TO SPECULATE THAT THE AGENCY MAY HAVE BEEN MOTIVATED TO CANCEL BY A DESIRE TO AWARD A CONTRACT TO ANOTHER FIRM. SUCH SPECULATION, HOWEVER, IS NOT SUFFICIENT TO BRING INTO QUESTION AN AGENCY'S PROPERLY JUSTIFIED DECISION TO CANCEL A SOLICITATION. NUCLEAR ASSURANCE CORP., B-216076, JAN. 24, 1985, 85-1 CPD PARA. 94.
JJK REQUESTS THAT WE HOLD A CONFERENCE ON THIS MATTER. AS WE ARE NOT CONSIDERING JJK'S PROTEST ON THE MERITS, HOWEVER, SUCH A CONFERENCE WOULD SERVE NO USEFUL PURPOSE. B-K MANUFACTURING CO., B-218832, JUNE 6, 1985, 85-1 CPD PARA. 650.
THE PROTEST IS DISMISSED.