B-170428, SEP. 2, 1970
Highlights
BID PROTEST PROTESTANT ADVISED THAT IN VIEW OF FACT THAT PROCUREMENT HAS BEEN CANCELLED AND IS TO BE RESOLICITED. CASE WILL BE CLOSED. POINT FOR DELIVERY THE DIFFERENCE BETWEEN THE LOWEST AND NEXT LOWEST BID PRICE WAS VERY SMALL. TO HY-GAIN ELECTRONICS CORPORATION: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JULY 22. YOUR PROTEST REQUESTS CANCELLATION OF THE SOLICITATION ALLEGING THAT THE INVITATION FOR BIDS FAILED TO SPECIFY WHETHER THE ITEMS WERE TO BE PRICED ON AN F.O.B. POINT AT WHICH THE SUPPLIES WERE TO BE DELIVERED TO THE GOVERNMENT AND THE DIFFERENCE BETWEEN THE LOWEST AND NEXT LOWEST BID PRICE WAS VERY SMALL. MAKING IT IMPOSSIBLE TO ASCERTAIN WITH CERTAINTY WHICH WAS THE LOWEST BIDDER.
B-170428, SEP. 2, 1970
BID PROTEST PROTESTANT ADVISED THAT IN VIEW OF FACT THAT PROCUREMENT HAS BEEN CANCELLED AND IS TO BE RESOLICITED, CASE WILL BE CLOSED. BECAUSE AS PROTESTANT AVERRED IFB FAILED TO SPECIFY AN F.O.B. POINT FOR DELIVERY THE DIFFERENCE BETWEEN THE LOWEST AND NEXT LOWEST BID PRICE WAS VERY SMALL, LOW BID COULD NOT BE DETERMINED.
TO HY-GAIN ELECTRONICS CORPORATION:
FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED JULY 22, 1970, PROTESTING ANY AWARD OF CONTRACT UNDER INVITATION FOR BIDS NO. DSA900 71-B -0039 ISSUED BY THE DEFENSE ELECTRONICS SUPPLY CENTER DAYTON, OHIO.
YOUR PROTEST REQUESTS CANCELLATION OF THE SOLICITATION ALLEGING THAT THE INVITATION FOR BIDS FAILED TO SPECIFY WHETHER THE ITEMS WERE TO BE PRICED ON AN F.O.B. ORIGIN OR F.O.B. DESTINATION BASIS. IN THIS REGARD, THE ADMINISTRATIVE REPORT STATES AS FOLLOWS:
"3. THIS CENTER HAS REJECTED ALL BIDS AND CANCELLED SOLICITATION IFB DSA 900-71-B-0039 IN ACCORDANCE WITH ASPR 2-404 FOR TWO COMPELLING REASONS. THE IFB FAILED TO SPECIFY AN F.O.B. POINT AT WHICH THE SUPPLIES WERE TO BE DELIVERED TO THE GOVERNMENT AND THE DIFFERENCE BETWEEN THE LOWEST AND NEXT LOWEST BID PRICE WAS VERY SMALL, MAKING IT IMPOSSIBLE TO ASCERTAIN WITH CERTAINTY WHICH WAS THE LOWEST BIDDER. ALSO, IT HAS BEEN DETERMINED THAT THE SPECIFICATION WAS INADEQUATE. SEE ASPR 2-404.1(B)(I) AND 2- 404.1(B)(IV)."
IT IS FURTHER REPORTED THAT YOU HAVE BEEN SENT A COPY OF THE INVITATION FOR BIDS CANCELLATION NOTICE.
IN VIEW OF THE FACT THAT THE PROCUREMENT HAS BEEN CANCELLED AND IS TO BE RESOLICITED, THIS OFFICE WILL TAKE NO FURTHER ACTION AND WILL CONSIDER THE MATTER CLOSED.