B-181136, NOV 25, 1974
Highlights
PROPOSAL BY CONTRACTING ACTIVITY TO CANCEL IFB AND READVERTISE PROCUREMENT IS AFFIRMED. SINCE CHANGE IN DELIVERY SCHEDULE IS MANDATORY FOR ACTIVITY'S NEEDS AND FPR 1-2.404-1(B)(1) PERMITS CANCELLATION WHERE IN BEST INTERESTS OF GOVERNMENT AND WHERE IFB SPECIFICATIONS ARE INADEQUATE. BEP 74-191(A) AND AWARD TO THE JOY MANUFACTURING COMPANY (JOY) WOULD BE PROPER IF THE BUREAU OF ENGRAVING AND PRINTING WAS ABLE TO DETERMINE THAT THE ORIGINAL JOY BID WOULD IN FACT MEET THE ACTUAL NEEDS OF THE BUREAU. IT HAS ALSO NOW BEEN DETERMINED THAT THE 12-MONTH DELIVERY SCHEDULE CALLED FOR UNDER THE ORIGINAL SOLICITATION WILL MAKE DELIVERY OF THE ITEM BY AUGUST 1975 IMPOSSIBLE. PROCUREMENT OF THE ITEM IN QUESTION BY THIS DATE IS CONSIDERED MANDATORY SINCE IT MUST BE COORDINATED WITH PRINTING EQUIPMENT TO BE DELIVERED AT THE TIME.
B-181136, NOV 25, 1974
PROPOSAL BY CONTRACTING ACTIVITY TO CANCEL IFB AND READVERTISE PROCUREMENT IS AFFIRMED, SINCE CHANGE IN DELIVERY SCHEDULE IS MANDATORY FOR ACTIVITY'S NEEDS AND FPR 1-2.404-1(B)(1) PERMITS CANCELLATION WHERE IN BEST INTERESTS OF GOVERNMENT AND WHERE IFB SPECIFICATIONS ARE INADEQUATE, AMBIGUOUS, OR OTHERWISE DEFICIENT.
JOY MANUFACTURING COMPANY:
BY DECISION B-181136, DATED SEPTEMBER 25, 1974, OUR OFFICE DETERMINED IN THIS MATTER THAT, UNDER THE CIRCUMSTANCES OF THE CASE, REINSTATEMENT OF SOLICITATION NO. BEP 74-191(A) AND AWARD TO THE JOY MANUFACTURING COMPANY (JOY) WOULD BE PROPER IF THE BUREAU OF ENGRAVING AND PRINTING WAS ABLE TO DETERMINE THAT THE ORIGINAL JOY BID WOULD IN FACT MEET THE ACTUAL NEEDS OF THE BUREAU. THE BUREAU SO DETERMINED. HOWEVER, IT HAS ALSO NOW BEEN DETERMINED THAT THE 12-MONTH DELIVERY SCHEDULE CALLED FOR UNDER THE ORIGINAL SOLICITATION WILL MAKE DELIVERY OF THE ITEM BY AUGUST 1975 IMPOSSIBLE. PROCUREMENT OF THE ITEM IN QUESTION BY THIS DATE IS CONSIDERED MANDATORY SINCE IT MUST BE COORDINATED WITH PRINTING EQUIPMENT TO BE DELIVERED AT THE TIME.
SECTION 1-2.404-1(B)(1) OF THE FEDERAL PROCUREMENT REGULATIONS (1964 ED. AMEND. 121) PERMITS A CONTRACTING ACTIVITY TO CANCEL AN INVITATION FOR BIDS AFTER THE OPENING OF BIDS WHERE CANCELLATION IS DEEMED TO BE IN THE BEST INTERESTS OF THE GOVERNMENT AND WHERE THE REASON FOR SUCH ACTION IS INADEQUATE, AMBIGUOUS, OR OTHERWISE DEFICIENT SPECIFICATIONS CITED IN THE INVITATION.
IN VIEW OF THE NEED TO CHANGE THE DELIVERY SCHEDULE REQUIREMENTS, OUR OFFICE CONCURS WITH THE PROPOSED CANCELLATION AND READVERTISEMENT OF THIS PROCUREMENT. SEE B-177532, MARCH 26, 1973.