B-227108, JUN 23, 1987, 87-1 CPD 623

B-227108: Jun 23, 1987

Additional Materials:

Contact:

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

 

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

PROCUREMENT - BID PROTESTS - MOOT ALLEGATION - GAO REVIEW DIGEST: PROTEST AGAINST AWARD TO OTHER THAN LOW OFFEROR IS DISMISSED AS ACADEMIC SINCE AGENCY HAS TERMINATED THE CONTRACT BECAUSE IT DOES NOT REFLECT THE GOVERNMENT'S MINIMUM NEEDS AND THE AGENCY INTENDS TO RESOLICIT THE REQUIREMENTS USING REVISED SPECIFICATIONS. THE PROTEST IS ACADEMIC. THE PROTEST IS DISMISSED.

B-227108, JUN 23, 1987, 87-1 CPD 623

PROCUREMENT - BID PROTESTS - MOOT ALLEGATION - GAO REVIEW DIGEST: PROTEST AGAINST AWARD TO OTHER THAN LOW OFFEROR IS DISMISSED AS ACADEMIC SINCE AGENCY HAS TERMINATED THE CONTRACT BECAUSE IT DOES NOT REFLECT THE GOVERNMENT'S MINIMUM NEEDS AND THE AGENCY INTENDS TO RESOLICIT THE REQUIREMENTS USING REVISED SPECIFICATIONS.

PRODUCTIVITY SYSTEMS INC.:

PRODUCTIVITY SYSTEMS INC. (PSI) PROTESTS THE AWARD OF A CONTRACT TO MRC DIVISION OF CHAMBERLAIN MANUFACTURING CORP. TO PERFORM AN ENGINEERING STUDY UNDER REQUEST FOR PROPOSALS (RFP) NO. DAAA03-87-R 0007, ISSUED BY THE PINE BLUFF ARSENAL, DEPARTMENT OF THE ARMY. PSI CONTENDS THAT THE ARMY MISAPPLIED THE AWARD CRITERIA AND MADE AWARD TO OTHER THAN THE LOW OFFEROR. WE DISMISS THE PROTEST.

THE ARMY HAS ADVISED US THAT, IN PREPARING A RESPONSE TO THE PROTEST, IT HAS DETERMINED THAT THE SOLICITATION DOES NOT REFLECT THE GOVERNMENT'S MINIMUM NEEDS BECAUSE OF A CHANGE IN THE GOVERNMENT'S REQUIREMENTS. THEREFORE, THE CONTRACT HAS BEEN TERMINATED FOR THE CONVENIENCE OF THE GOVERNMENT AND THE AGENCY ADVISES THAT IT INTENDS TO RESOLICIT THE REQUIREMENTS UNDER A REVISED SOLICITATION. ON THIS BASIS, THE ARMY REQUESTS THAT WE DISMISS THE PROTEST AS ACADEMIC.

SINCE THE AGENCY HAS TERMINATED THE CONTRACT AND DOES NOT INTEND TO MAKE AN AWARD UNDER THAT SOLICITATION, THE PROTEST IS ACADEMIC.

THE PROTEST IS DISMISSED.