B-180529, MAY 17, 1974

B-180529, MAY 17, 1974

CONTRACTING OFFICER'S CANCELLATION OF SOLICITATION FOR AN ON-SITE, OFFSET REPRODUCTION FACILITY AND REJECTION OF ALL BIDS AFTER BID OPENING PURSUANT TO WRITTEN DETERMINATION UNDER FPR 1-2.404-1 THAT SERVICES WERE NO LONGER REQUIRED WHEN SITE FOR CONTRACT PERFORMANCE BECAME UNAVAILABLE PRIOR TO AWARD, RENDERS MOOT PROTESTER'S ALLEGATIONS THAT OTHER BIDDERS WERE NONRESPONSIVE.

TO KAUFMAN DE DELL PRINTING, INC.:

SOLICITATION NO. 811, ISSUED ON DECEMBER 27, 1973, BY THE OFFICE OF MANAGEMENT OPERATIONS, DEPARTMENT OF THE INTERIOR, (INTERIOR), WAS AN ADVERTISED PROCUREMENT TO PROVIDE A MANNED, ON-SITE, OFFSET REPRODUCTION FACILITY FOR CERTAIN INTERIOR ACTIVITIES AT THE COLUMBIA PLAZA BUILDING IN WASHINGTON, D.C. BIDS WERE RECEIVED FROM KAUFMAN DE DELL PRINTING, INC. (DE DELL), AND TWO OTHER BIDDERS AT THE JANUARY 24, 1974, BID OPENING.

BY TELEGRAM DATED JANUARY 28, 1974, DE DELL PROTESTED AWARD UNDER THE SOLICITATION TO ANY OTHER BIDDER. DE DELL'S LETTER OF JANUARY 29, 1974, SET FORTH DETAILED ALLEGATIONS AS TO WHY IT FELT THAT THE OTHER BIDDERS WERE NONRESPONSIVE TO THE TERMS SET FORTH IN THE SOLICITATIONS. HOWEVER, WE NEED NOT CONSIDER THE MERITS OF THESE ALLEGATIONS IN VIEW OF THE EVENTS WHICH TRANSPIRED AFTER BID OPENING.

THE RECORD INDICATES THAT DURING THE WEEK OF JANUARY 28, 1974, WHEN THE BIDS WERE UNDER REVIEW, THE FEDERAL ENERGY OFFICE WAS ASSIGNED TO THE SPACE IN THE COLUMBIA PLAZA BUILDING WHICH HAD BEEN ORIGINALLY INTENDED FOR USE BY INTERIOR PERSONNEL. SINCE THE SITE WAS NO LONGER AVAILABLE, THERE WAS NO LONGER A REQUIREMENT FOR INTERIOR TO HAVE A REPRODUCTION FACILITY IN THE BUILDING. THEREFORE, THE CONTRACTING OFFICER DETERMINED THAT IT WAS IN THE BEST INTEREST OF THE GOVERNMENT TO CANCEL THE SOLICITATION AND REJECT ALL BIDS PURSUANT TO THE AUTHORITY OF PARAGRAPH 1- 2.404-1(B)(2) OF THE FEDERAL PROCUREMENT REGULATIONS (FPR). DE DELL AND THE OTHER BIDDERS WERE NOTIFIED OF THE CANCELLATION AND REJECTION OF ALL BIDS, AND THE REASONS FOR THE ACTION IN A MARCH 5, 1974, LETTER FROM THE CONTRACTING OFFICER. THUS THE MATTERS RAISED IN DE DELL'S PROTEST BECAME ACADEMIC.

OUR OFFICE HAS NO BASIS TO QUESTION THE CONTRACTING OFFICER'S ACTIONS BECAUSE FPR 1-2.404 STATES IN PERTINENT PART:

"(A) PRESERVATION OF THE INTEGRITY OF THE COMPETITIVE BID SYSTEM DICTATES THAT, AFTER BIDS HAVE BEEN OPENED, AWARD MUST BE MADE TO THAT RESPONSIBLE BIDDER WHO SUBMITTED THE LOWEST RESPONSIVE BID, UNLESS THERE IS A COMPELLING REASON TO REJECT ALL BIDS AND CANCEL THE INVITATION. ***

"(B) INVITATIONS FOR BIDS MAY BE CANCELLED AFTER OPENING BUT PRIOR TO AWARD, AND ALL BIDS REJECTED, WHERE SUCH ACTION IS CONSISTENT WITH SEC 1- 2.404-1(A) AND THE CONTRACTING OFFICER DETERMINES IN WRITING THAT CANCELLATION IS IN THE BEST INTEREST OF THE GOVERNMENT FOR REASONS SUCH AS THE FOLLOWING:

"(2)THE SUPPLIES OR SERVICES ARE NO LONGER REQUIRED."

DE DELL'S APRIL 16, 1974, RESPONSE TO THE ADMINISTRATIVE REPORT ON THE PROTEST QUESTIONED THE DETERMINATION THAT "THE SERVICES WERE NO LONGER REQUIRED" AND SUGGESTED THAT INTERIOR LOOK FOR OTHER FACILITIES TO PERMIT THE PERFORMANCE OF THE CONTRACT. HOWEVER, IT IS AN ESTABLISHED PRINCIPLE OF PROCUREMENT LAW THAT THE GOVERNMENT MAY NOT BE COMPELLED TO MAKE AN AWARD FOR AN ITEM OR SERVICES WHICH IT NO LONGER NEEDS OR WANTS.

ACCORDINGLY, THE PROTEST IS DENIED.