Protest against Contract Award under Resolicitation

B-192705: Nov 29, 1978

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A company protested certain agency actions relating to a procurement, including: allowing the awardee to withdraw its bid under the original solicitation, rejection of the protester's bid under the original solicitation as unreasonably high, cancellation of the original solicitation after bid opening, the determination that the awardee was responsible, and award of the contract prior to resolution of a preaward protest to GAO. The agency's actions were proper or not reviewed since there was a reasonable basis for allowing withdrawal of the mistaken bid; rejection of the bid which exceeded the Government estimate after review was a matter of administrative discretion; cancellation of the solicitation based on the finding that bids were at unreasonable prices was reasonable; a mistaken bidder may bid on resolicitation, and the agency's affirmative determination of responsibility was not reviewable under these circumstances; and the agency properly followed procedures in awarding the contract prior to resolution of the protest.