B-234395, Feb 21, 1989, 89-1 CPD 183

B-234395: Feb 21, 1989

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PROCUREMENT - Competitive Negotiation - Contract awards - Government delays - Procedural defects DIGEST: An agency's delay in awarding a contract is purely a matter of procedure which alone does not provide a basis of protest because it does not affect the validity of a procurement. American alleges it was the lowest responsive bidder at the June 30. Because it is clear that the protest has no merit. Has previously stated that a delay in meeting procurement milestones is a procedural deficiency which does not alone provide a basis of protest. Since American's protest is without merit. There is no basis for reimbursement of its claimed bid preparation or protest costs. 4 C.F.R.

B-234395, Feb 21, 1989, 89-1 CPD 183

PROCUREMENT - Competitive Negotiation - Contract awards - Government delays - Procedural defects DIGEST: An agency's delay in awarding a contract is purely a matter of procedure which alone does not provide a basis of protest because it does not affect the validity of a procurement.

American Fuel Cell and Coated Fabrics Company:

American Fuel Cell and Coated Fabrics Company protests the agency's delay in making award under invitation for bids (IFB) No. DAAK01-88-B B034 issued by the United States Army Troop Support Command for fabric, collapsible, drinking water, 500 gallon drums. American alleges it was the lowest responsive bidder at the June 30, 1988, bid opening and that the Army has failed to award a contract with reasonable promptness.

We dismiss the protest without obtaining a report from the Army or having a conference on the protest, as requested by the protester, because it is clear that the protest has no merit, and a conference would, therefore, serve no useful purpose. See 4 C.F.R. Sec. 21.3(m) (1988); McDonald Welding & Machine Co., B-227004, Apr. 14, 1987, 87-1 CPD Para. 409.

American asks that we instruct the agency to cancel the IFB because award of a contract has been excessively delayed, and a reissued solicitation would probably result in lower bids. Our Office, however, has previously stated that a delay in meeting procurement milestones is a procedural deficiency which does not alone provide a basis of protest, because it has no effect on the validity of the procurement. American Identification Products, Inc., B-227599, July 13, 1987, 87-2 CPD Para. 42. Since American's protest is without merit, there is no basis for reimbursement of its claimed bid preparation or protest costs. 4 C.F.R. Sec. 21.6(d); Trim Flite, Inc., B-229926.4, July 28, 1988, 67 Comp.Gen. *** (1988), 88-2 CPD Para. 124.