B-169977(2), JUL. 23, 1970

B-169977(2): Jul 23, 1970

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SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO WOOD-IVEY SYSTEMS CORPORATION DENYING ITS PROTEST. THIS MATTER WAS THE SUBJECT OF AN ADMINISTRATIVE REPORT DATED JUNE 26. ALTHOUGH WE DENIED THE COMPANY'S CONTENTION THAT CANCELLATION AND READVERTISEMENT WAS AN ABUSE OF ADMINISTRATIVE DISCRETION. WE BELIEVE THAT THE NECESSITY FOR CANCELLATION IN THIS CASE WAS A DIRECT RESULT OF INADEQUATE DEFINITION AND EXPRESSION OF THE GOVERNMENT'S REQUIREMENTS DURING THE PROCUREMENT PLANNING PROCESS. IT IS OUR VIEW THAT THE CONTRACTING OFFICER'S CANCELLATION NOTICE TO BIDDERS.

B-169977(2), JUL. 23, 1970

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO WOOD-IVEY SYSTEMS CORPORATION DENYING ITS PROTEST. THIS MATTER WAS THE SUBJECT OF AN ADMINISTRATIVE REPORT DATED JUNE 26, 1970, FROM THE DIRECTOR OF CONTRACTS, NAVAL ELECTRONIC SYSTEMS COMMAND.

ALTHOUGH WE DENIED THE COMPANY'S CONTENTION THAT CANCELLATION AND READVERTISEMENT WAS AN ABUSE OF ADMINISTRATIVE DISCRETION, WE BELIEVE THAT THE NECESSITY FOR CANCELLATION IN THIS CASE WAS A DIRECT RESULT OF INADEQUATE DEFINITION AND EXPRESSION OF THE GOVERNMENT'S REQUIREMENTS DURING THE PROCUREMENT PLANNING PROCESS.

AS FURTHER INDICATED IN THE DECISION, IT IS OUR VIEW THAT THE CONTRACTING OFFICER'S CANCELLATION NOTICE TO BIDDERS, CITING "INADVERTANT AMBIGUITIES IN THE SCHEDULE," DID NOT COMPLY WITH ASPR 2 404.3, WHICH REQUIRES THAT BIDDERS BE NOTIFIED OF THE SPECIFIC REASONS FOR CANCELLATION.

WE REQUEST THAT APPROPRIATE ACTION BE TAKEN TO AVOID A RECURRENCE OF THE FOREGOING CIRCUMSTANCES.