B-164589, JUL. 30, 1968

B-164589: Jul 30, 1968

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 12. BIDS WERE OPENED ON MAY 17. IT APPEARED THAT YOUR BID WAS THE LOWEST OF THE THREE BIDS RECEIVED. WHILE YOU HAVE NOT ALLUDED TO THE SPECIFIC BASIS OF YOUR PROTEST. THE PROCUREMENT AGENCY REPORTS THAT IT ASSUMES THAT YOUR PROTEST WAS BASED ON ADVICE GIVEN TO YOU BY THE DEFENSE CONTRACT ADMINISTRATION SERVICE REGION (DCASR). THE ELIGIBILITY OF YOUR COMPANY FOR AWARD UNDER THE IFB BECAME ACADEMIC SINCE THE SPECIFICATIONS COVERING THE BASIC CASTING FOR THE CYLINDER SLEEVES WERE NOT EXPLICIT AS TO THE STANDARD OR CLASS OF CASTING TO BE USED. THE CONTRACTING OFFICER DETERMINED THAT THE BEST INTERESTS OF THE GOVERNMENT REQUIRED CANCELLATION OF THE IFB IN ITS ENTIRETY SINCE INADEQUATE AND AMBIGUOUS SPECIFICATIONS WERE CITED IN THE INVITATION.

B-164589, JUL. 30, 1968

TO CAPEHART INDUSTRIES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 12, 1968, PROTESTING THE AWARD OF A CONTRACT TO ANY COMPANY WHOSE BID EXCEEDED YOUR COMPANY'S BID UNDER INVITATION FOR BIDS (IFB) NO. DAAG47-68-B-0407.

THE IFB ISSUED ON APRIL 15, 1968, BY THE RED RIVER ARMY DEPOT, TEXARKANA, TEXAS, REQUESTED BIDS FOR FURNISHING 1,234 CYLINDER SLEEVES, STEEL, DRY TYPE, IN ACCORDANCE WITH ORDNANCE DRAWING NUMBER 7009178, AS MODIFIED BY ENGINEERING EVALUATION REPORT 7009178, REV. C, DATED DECEMBER 11, 1967. BIDS WERE OPENED ON MAY 17, 1968, AND IT APPEARED THAT YOUR BID WAS THE LOWEST OF THE THREE BIDS RECEIVED.

WHILE YOU HAVE NOT ALLUDED TO THE SPECIFIC BASIS OF YOUR PROTEST, THE PROCUREMENT AGENCY REPORTS THAT IT ASSUMES THAT YOUR PROTEST WAS BASED ON ADVICE GIVEN TO YOU BY THE DEFENSE CONTRACT ADMINISTRATION SERVICE REGION (DCASR), NEW YORK, DURING A PREAWARD SURVEY OF YOUR COMPANY, THAT IT DID NOT QUALIFY AS A MANUFACTURER UNDER THE WALSH HEALEY ACT, 41 U.S.C. 35-45, AND ASPR 12-603.1. HOWEVER, THE ELIGIBILITY OF YOUR COMPANY FOR AWARD UNDER THE IFB BECAME ACADEMIC SINCE THE SPECIFICATIONS COVERING THE BASIC CASTING FOR THE CYLINDER SLEEVES WERE NOT EXPLICIT AS TO THE STANDARD OR CLASS OF CASTING TO BE USED.

IN VIEW OF THE FOREGOING, THE CONTRACTING OFFICER DETERMINED THAT THE BEST INTERESTS OF THE GOVERNMENT REQUIRED CANCELLATION OF THE IFB IN ITS ENTIRETY SINCE INADEQUATE AND AMBIGUOUS SPECIFICATIONS WERE CITED IN THE INVITATION. THIS ACTION IS SPECIFICALLY AUTHORIZED AND REQUIRED BY ASPR 2 -404.1 (B) (I). ON THE RECORD, WE FIND NO LEGAL OR FACTUAL BASIS TO DISAGREE WITH THE ADMINISTRATIVE DETERMINATION TO CANCEL THE INVITATION. SEE 41 COMP. GEN. 76.