B-165009, SEPT. 18, 1968

B-165009: Sep 18, 1968

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YEARWOOD: REFERENCE IS MADE TO YOUR LETTER OF JULY 29. PROTESTING THAT AUCTION-TYPE TECHNIQUES WERE BEING APPLIED TO THE PROCUREMENT WHICH WAS COVERED BY AIR FORCE INVITATION FOR BIDS F23606-68-B-05769 APPARENTLY. YOUR PROTEST HAS REFERENCE TO THE CHANGE WHICH WAS MADE AFTER THE OPENING OF BIDS WITH RESPECT TO THE ESTIMATED NUMBER OF STUDENTS TO BE TRANSPORTED UNDER THE CONTRACT TO BE AWARDED. IT WAS DISCOVERED THAT THE INVITATION WAS AMBIGUOUS IN THAT PARAGRAPH 3A OF THE SCHEDULES OF SERVICES CALLED FOR THE TRANSPORTATION OF AN ESTIMATED 112 STUDENTS FOR AN ESTIMATED 180 SCHOOL DAYS. THE INVITATION WAS CANCELLED AND READVERTISED UNDER INVITATION F23606-69-B-0112 PROVIDING FOR THE TRANSPORTATION OF AN ESTIMATED 112 STUDENTS FOR AN ESTIMATED 150 SCHOOL DAYS.

B-165009, SEPT. 18, 1968

TO MR. A. P. YEARWOOD:

REFERENCE IS MADE TO YOUR LETTER OF JULY 29, 1968, PROTESTING THAT AUCTION-TYPE TECHNIQUES WERE BEING APPLIED TO THE PROCUREMENT WHICH WAS COVERED BY AIR FORCE INVITATION FOR BIDS F23606-68-B-05769 APPARENTLY, YOUR PROTEST HAS REFERENCE TO THE CHANGE WHICH WAS MADE AFTER THE OPENING OF BIDS WITH RESPECT TO THE ESTIMATED NUMBER OF STUDENTS TO BE TRANSPORTED UNDER THE CONTRACT TO BE AWARDED.

AFTER THE OPENING OF BIDS, IT WAS DISCOVERED THAT THE INVITATION WAS AMBIGUOUS IN THAT PARAGRAPH 3A OF THE SCHEDULES OF SERVICES CALLED FOR THE TRANSPORTATION OF AN ESTIMATED 112 STUDENTS FOR AN ESTIMATED 180 SCHOOL DAYS, WHEREAS, PARAGRAPH 3B SPECIFIED AN ESTIMATED 180 STUDENTS. CORRECT THE AMBIGUITY, THE INVITATION WAS CANCELLED AND READVERTISED UNDER INVITATION F23606-69-B-0112 PROVIDING FOR THE TRANSPORTATION OF AN ESTIMATED 112 STUDENTS FOR AN ESTIMATED 150 SCHOOL DAYS.

IN YOUR LETTER, YOU INDICATE THAT THE NUMBER OF STUDENTS IS SIGNIFICANT SINCE YOU STATE THAT THE NUMBER INVOLVED WOULD AFFECT YOUR BID PRICE. ADDITION, ALTHOUGH AN INVITATION FOR BIDS SHOULD NOT ORDINARILY BE CANCELLED AFTER THE OPENING OF BIDS, THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) AUTHORIZES THE CANCELLATION OF AN INVITATION WHEN THE ADVERTISED SPECIFICATIONS ARE AMBIGUOUS. SEE ASPR 2-404 (B) (1).