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B-219419, JUL 29, 1985, 85-2 CPD 107

B-219419 Jul 29, 1985
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QUESTIONS - SOLICITATION CANCELLED DIGEST: PROTEST THAT AGENCY IMPROPERLY SET ASIDE A PROCUREMENT EXCLUSIVELY FOR SMALL BUSINESS IS DISMISSED AS ACADEMIC WHEN THE AGENCY CANCELS THE SOLICITATION. WHEELABRATOR COMPLAINS THAT A TOTAL SMALL BUSINESS SET-ASIDE IS IMPROPER BECAUSE THERE IS ONLY ONE SMALL BUSINESS CAPABLE OF SUPPLYING DECK BLASTING SYSTEMS THAT MEET THE REQUIREMENTS OF THE RFP. THE AGENCY DISCOVERED THAT THE SPECIFICATIONS CONTAINED IN THE RFP WERE DEFECTIVE. THE PROTEST IS DISMISSED.

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B-219419, JUL 29, 1985, 85-2 CPD 107

CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - SOLICITATION CANCELLED DIGEST: PROTEST THAT AGENCY IMPROPERLY SET ASIDE A PROCUREMENT EXCLUSIVELY FOR SMALL BUSINESS IS DISMISSED AS ACADEMIC WHEN THE AGENCY CANCELS THE SOLICITATION.

THE WHEELABRATOR CORPORATION:

THE WHEELABRATOR CORPORATION PROTESTS THE ISSUANCE BY THE NAVAL REGIONAL CONTRACTING CENTER, LONG BEACH, CALIFORNIA, OF REQUEST FOR PROPOSALS (RFP) NO. N00123-85-R-0751 AS A TOTAL SMALL BUSINESS SET ASIDE. WHEELABRATOR COMPLAINS THAT A TOTAL SMALL BUSINESS SET-ASIDE IS IMPROPER BECAUSE THERE IS ONLY ONE SMALL BUSINESS CAPABLE OF SUPPLYING DECK BLASTING SYSTEMS THAT MEET THE REQUIREMENTS OF THE RFP. WHEELABRATOR REQUESTS CANCELLATION OF THE RFP.

SUBSEQUENT TO THE FILING OF THIS PROTEST, THE AGENCY DISCOVERED THAT THE SPECIFICATIONS CONTAINED IN THE RFP WERE DEFECTIVE. THE AGENCY THEN ISSUED AN AMENDMENT THAT CANCELED THE SOLICITATION AND STATED THAT THE AGENCY WOULD RESOLICIT FOR THE REQUIREMENT USING REVISED SPECIFICATIONS.

THE CANCELLATION RENDERS THE PROTEST ACADEMIC. CTEC, INC., B-212276, NOV. 29, 1983, 83-2 CPD PARA. 622. ACCORDINGLY, THE PROTEST IS DISMISSED.

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