Request for Reconsideration of Decision Concerning IFB Cancellation

A firm requested reconsideration of a decision in which it was held that the Army Corps of Engineers properly canceled an invitation for bids after bid opening. It was held that, even though the basis originally advanced may have been erroneous, a subsequently enumerated basis which would have supported cancellation had it been advanced originally is acceptable. The protester stated that GAO had no authority to change the contracting officer's basis for cancellation and, in so doing, the protester was unfairly denied an opportunity to argue the merits of the changed bases in the decision. It requested that the contracting officer be asked to amend the cancellation determination to reflect proper grounds. GAO neither changed the contracting officer's basis for cancellation nor deprived the protester of a fair opportunity to argue its case. The Army's protest report to GAO, furnished to the protester for comment, contained the contracting officer's statements and determinations justifying the cancellation and specifically enumerating the reasons that the original specifications had not expressed the Government's minimum needs and as a result required revision. The protester offered no rebuttal but merely argued that the specifications were not ambiguous. Since the protester failed to show that the prior decision was in error, the decision was affirmed.