B-199308, JUL 24, 1980

B-199308: Jul 24, 1980

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DIGEST: PROTEST OF POST-OPENING CANCELLATION OF IFB IS SUMMARILY DENIED AS PROTESTER'S INITIAL SUBMISSION ESTABLISHES THAT CANCELLATION WAS PROPER WHERE ONE REASON FOR CANCELLATION WAS AGENCY'S INADVERTENT FAILURE TO INCLUDE "TIME OF DELIVERY" PROVISION IN IFB. THE IFB WAS CANCELED BECAUSE OF GSA'S INADVERTENT OMISSION OF SIX SPECIAL PROVISIONS. OBJECTS PRINCIPALLY BECAUSE ITS PRICES HAVE NOW BEEN DISCLOSED TO ITS COMPETITORS AND AARON BELIEVES THAT IT WILL BE UNDERCUT ON THE RESOLICITATION OF THE REQUIREMENT. ONE OF THE SIX SPECIAL PROVISIONS WAS THE "TIME OF DELIVERY" PROVISION. WE HAVE HELD THAT "*** FAILURE TO INCLUDE A REQUIRED OR DESIRED DELIVERY DATE IN AN INVITATION IS IMPROPER AND GROUNDS FOR CANCELLATION." 51 COMP.

B-199308, JUL 24, 1980

DIGEST: PROTEST OF POST-OPENING CANCELLATION OF IFB IS SUMMARILY DENIED AS PROTESTER'S INITIAL SUBMISSION ESTABLISHES THAT CANCELLATION WAS PROPER WHERE ONE REASON FOR CANCELLATION WAS AGENCY'S INADVERTENT FAILURE TO INCLUDE "TIME OF DELIVERY" PROVISION IN IFB.

AARON FIRE AND SAFETY COMPANY OF DENVER:

AARON FIRE AND SAFETY COMPANY OF DENVER (AARON) PROTESTS THE GENERAL SERVICES ADMINISTRATION'S (GSA) POST-OPENING CANCELLATION OF INVITATION FOR BIDS (IFB) NO. GSD-8DPR-00005. THE IFB WAS CANCELED BECAUSE OF GSA'S INADVERTENT OMISSION OF SIX SPECIAL PROVISIONS. AARON, THE LOW BIDDER, OBJECTS PRINCIPALLY BECAUSE ITS PRICES HAVE NOW BEEN DISCLOSED TO ITS COMPETITORS AND AARON BELIEVES THAT IT WILL BE UNDERCUT ON THE RESOLICITATION OF THE REQUIREMENT.

ONE OF THE SIX SPECIAL PROVISIONS WAS THE "TIME OF DELIVERY" PROVISION. WE HAVE HELD THAT "*** FAILURE TO INCLUDE A REQUIRED OR DESIRED DELIVERY DATE IN AN INVITATION IS IMPROPER AND GROUNDS FOR CANCELLATION." 51 COMP. GEN. 518, 521 (1972). SINCE FAILURE TO INCLUDE THE "TIME OF DELIVERY" PROVISION WOULD, IN ITSELF, JUSTIFY THE CANCELLATION, WE NEED NOT CONSIDER WHETHER OMISSION OF THE OTHER FIVE SPECIAL PROVISIONS WOULD ALSO JUSTIFY CANCELLATION.

THEREFORE, WE SEE NO IMPROPRIETY IN GSA'S CANCELLATION OF THE IFB AND THE PROTEST IS SUMMARILY DENIED AS THE PROTESTER'S INITIAL SUBMISSION SHOWS IT IS WITHOUT MERIT. DECILOG, INC., B-193914, FEBRUARY 5, 1979, 79-1 CPD 81.