B-192627, APRIL 19, 1979
Highlights
DIGEST: PROTEST REGARDING PROPRIETY OF SOLICITATION PROVISION AND REJECTION OF BID AS NONRESPONSIVE TO SOLICITATION IS RENDERED MOOT BY PROCURING ACTIVITY'S CANCELLATION OF SOLICITATION. TRIONIC WAS SO ADVISED DURING A MEETING WITH NAVY PERSONNEL ON AUGUST 14. AWARD OF THE CONTRACT WAS WITHHELD PENDING RESOLUTION OF THE PROTEST. THE PROTEST IS THEREFORE DISMISSED.
B-192627, APRIL 19, 1979
DIGEST: PROTEST REGARDING PROPRIETY OF SOLICITATION PROVISION AND REJECTION OF BID AS NONRESPONSIVE TO SOLICITATION IS RENDERED MOOT BY PROCURING ACTIVITY'S CANCELLATION OF SOLICITATION.
TRIONIC INDUSTRIES, INC.:
TRIONIC INDUSTRIES, INC. (TRIONIC), PROTESTED AGAINST THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS (IFB) N00104-78-B-0552 ISSUED BY THE DEPARTMENT OF THE NAVY (NAVY), NAVY SHIPS PARTS CONTROL CENTER, MECHANICSBURG, PENNSYLVANIA, FOR CANVAS BAG WEIGHTS TO BE USED FOR GARBAGE AND TRASH DISPOSAL UNITS ON SUBMARINES.
IN EXAMINING TRIONIC'S APPARENT LOW BID, THE NAVY CONTRACTING OFFICER DISCOVERED SEVERAL HANDWRITTEN NOTATIONS ON THE BID FORM CONCERNING FREIGHT DIFFERENTIALS FOR RAIL SHIPMENT. THE NAVY DETERMINED THAT THESE NOTATIONS CONSTITUTED A QUALIFICATION OF TRIONIC'S BID PRICE WHICH RENDERED THE BID NONRESPONSIVE TO THE IFB. TRIONIC WAS SO ADVISED DURING A MEETING WITH NAVY PERSONNEL ON AUGUST 14, 1978, AND FILED ITS PROTEST WITH OUR OFFICE ON THE SAME DAY.
AWARD OF THE CONTRACT WAS WITHHELD PENDING RESOLUTION OF THE PROTEST. HOWEVER, THE NAVY SUBSEQUENTLY CANCELED THE SOLICITATION IN ITS ENTIRETY IN ACCORDANCE WITH DEFENSE ACQUISITION REGULATION SEC. 2-404.1(B)(VIII) (1976 ED.) BY AMENDMENT NO. 0002 EFFECTIVE ON MARCH 6, 1979. CANCELLATION OF THE SOLICITATION RENDERS TRIONIC'S PROTEST AGAINST THE REJECTION OF ITS BID MOOT. SEE SUBURBAN INDUSTRIAL MAINTENANCE COMPANY, B-185515, MARCH 24, 1976, 76-1 CPD 193; YOUNG ENGINEERING SYSTEMS, B-189322, JULY 11, 1977, 77-2 CPD 15. THE PROTEST IS THEREFORE DISMISSED.