B-159951, OCT. 13, 1966

B-159951: Oct 13, 1966

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WE HAVE BEEN ADVISED BY THE GENERAL SERVICES ADMINISTRATION THAT A CONTRACT FOR THE SUBJECT PROJECT HAS NOT BEEN. WILL NOT BE. BECAUSE ALL BIDS EXCEEDED THE AMOUNT OF FUNDS WHICH WERE AVAILABLE FOR THE PROJECT. ALL BIDS WERE REJECTED. THE EFFECT OF SECTIONS 303/B) AND 307 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 IS TO PROVIDE THAT ALL BIDS MAY BE REJECTED WHEN THE AGENCY DETERMINES THAT IT IS IN THE PUBLIC INTEREST TO DO SO. THIS AUTHORITY IS CONFIRMED BOTH BY SECTION 1-2.404-1/B) OF THE FEDERAL PROCUREMENT REGULATIONS AND BY THE STANDARD PROVISIONS OF THE INVITATION FOR BIDS. SINCE THERE APPEARS TO HAVE BEEN A REASONABLE BASIS IN THIS CASE FOR CONCLUDING THAT REJECTION OF ALL BIDS WAS IN THE PUBLIC INTEREST.

B-159951, OCT. 13, 1966

TO F. D. RICH COMPANY, INC.:

IN YOUR TELEGRAM OF AUGUST 25, 1966, YOU PROTEST THE AWARD OF CONTRACT NO. GS-05BC-6592 ON GSA PROJECT NO. 34-0196 TO ALGERNON BLAIR, INC.

WE HAVE BEEN ADVISED BY THE GENERAL SERVICES ADMINISTRATION THAT A CONTRACT FOR THE SUBJECT PROJECT HAS NOT BEEN, AND WILL NOT BE, AWARDED TO ANY BIDDER, BECAUSE ALL BIDS EXCEEDED THE AMOUNT OF FUNDS WHICH WERE AVAILABLE FOR THE PROJECT. ACCORDINGLY, ALL BIDS WERE REJECTED.

THE EFFECT OF SECTIONS 303/B) AND 307 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 IS TO PROVIDE THAT ALL BIDS MAY BE REJECTED WHEN THE AGENCY DETERMINES THAT IT IS IN THE PUBLIC INTEREST TO DO SO. THIS AUTHORITY IS CONFIRMED BOTH BY SECTION 1-2.404-1/B) OF THE FEDERAL PROCUREMENT REGULATIONS AND BY THE STANDARD PROVISIONS OF THE INVITATION FOR BIDS. SINCE THERE APPEARS TO HAVE BEEN A REASONABLE BASIS IN THIS CASE FOR CONCLUDING THAT REJECTION OF ALL BIDS WAS IN THE PUBLIC INTEREST, YOUR PROTEST AGAINST AWARD OF THE CONTRACT TO A COMPETITOR NOW APPEARS TO BE MOOT. IN VIEW THEREOF, WE DO NOT PROPOSE TO TAKE ANY FURTHER ACTION IN THIS MATTER.