B-202842.2, SEP 21, 1981
Highlights
REQUEST FOR RECONSIDERATION OF PRIOR DECISION HOLDING THAT AGENCY PROPERLY CANCELLED SOLICITATION IS DENIED. UNDER WHICH GRACE WAS THE LOW BIDDER. WE HELD THAT NAVY'S CANCELLATION WAS CONSISTENT WITH THE PROVISIONS OF DEFENSE ACQUISITION REGULATION SEC. 2-404.1 WHICH ALLOW POST-BID OPENING CANCELLATION IN CERTAIN CIRCUMSTANCES. NAVY'S ACTION TO CANCEL AND RESOLICIT WITH PROPER SPECIFICATIONS WAS JUSTIFIED. GRACE'S REQUEST FOR RECONSIDERATION MERELY REITERATES PREVIOUSLY RAISED ALLEGATIONS THAT THE NAVY WAS MADE AWARE BY GRACE OF THE SPECIFICATION DEFICIENCIES PRIOR TO THE ORIGINAL BID OPENING. THAT NAVY ASSURED GRACE THAT THE SPECIFICATIONS WERE CORRECT. SINCE THESE ALLEGATIONS WERE PART OF THE RECORD WHICH WAS CONSIDERED IN THE ORIGINAL PROTEST.
B-202842.2, SEP 21, 1981
DIGEST: WHERE PROTESTER REITERATES ALLEGATIONS ALREADY PART OF RECORD CONSIDERED IN ORIGINAL PROTEST, REQUEST FOR RECONSIDERATION OF PRIOR DECISION HOLDING THAT AGENCY PROPERLY CANCELLED SOLICITATION IS DENIED.
W.M.GRACE, INC. - REQUEST FOR RECONSIDERATION:
W.M.GRACE, INC., REQUESTS RECONSIDERATION OF OUR DECISION, W.M.GRACE, INC., B-202842, AUGUST 11, 1981, 81-2 CPD , IN WHICH WE DENIED THAT FIRM'S PROTEST WITH RESPECT TO THE CANCELLATION OF INVITATION FOR BIDS (IFB) NO. N62470-81-B-2919 ISSUED BY THE DEPARTMENT OF THE NAVY FOR JANITORIAL SERVICES. IN THAT CASE, THE NAVY CANCELLED THE IFB, UNDER WHICH GRACE WAS THE LOW BIDDER, ON THE BASIS THAT THE IFB'S SPECIFICATIONS DID NOT REFLECT THE NAVY'S ACTUAL NEEDS. WE HELD THAT NAVY'S CANCELLATION WAS CONSISTENT WITH THE PROVISIONS OF DEFENSE ACQUISITION REGULATION SEC. 2-404.1 WHICH ALLOW POST-BID OPENING CANCELLATION IN CERTAIN CIRCUMSTANCES, AND, THEREFORE, NAVY'S ACTION TO CANCEL AND RESOLICIT WITH PROPER SPECIFICATIONS WAS JUSTIFIED.
SECTION 21.9(A) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1981), REQUIRES THAT A REQUEST FOR RECONSIDERATION SPECIFY ANY ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED IN THE PROTEST. IN THIS REGARD, GRACE'S REQUEST FOR RECONSIDERATION MERELY REITERATES PREVIOUSLY RAISED ALLEGATIONS THAT THE NAVY WAS MADE AWARE BY GRACE OF THE SPECIFICATION DEFICIENCIES PRIOR TO THE ORIGINAL BID OPENING, AND THAT NAVY ASSURED GRACE THAT THE SPECIFICATIONS WERE CORRECT.
SINCE THESE ALLEGATIONS WERE PART OF THE RECORD WHICH WAS CONSIDERED IN THE ORIGINAL PROTEST, GRACE'S REQUEST PROVIDES NO BASIS FOR CONSIDERING THESE MATTERS FURTHER. UNITED STATES MANAGEMENT, INCORPORATED - RECONSIDERATION, B-189784, FEBRUARY 1, 1978, 78-1 CPD 92. THEREFORE, THE REQUEST FOR RECONSIDERATION IS DENIED.