Protest of Navy Cancellation of IFB

B-194435: Aug 23, 1979

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A company requested reconsideration of a decision in which GAO found that its protest against the Navy's cancellation of an invitation for bids lacked merit because: (1) after rejecting the low bid as nonresponsive, the Navy properly determined that the firm's second low bid price was unreasonable; and (2) the Navy's partial reliance on erroneous information in deciding to cancel was of no consequence since subsequently developed information supported the determination. In this case, the contracting officer's determination was based principally on a comparison of the protester's low responsive bid and another bidder's lower nonresponsive bid. Although the latter bid was not completely correct, the protester's bid was still 20 percent higher and was a sufficient basis for rejection of the protester's bid. Since the protester did not show that the previous decision was based on errors of fact or law, the decision was affirmed. The protester also requested that the Navy document its failure to mail an amendment to the lower nonresponsive bidder and desired documentation concerning whether the nonresponsive bidder filed a protest with the Navy or notified the Navy that it had not received the amendment. GAO will not conduct investigations for the purpose of establishing the validity of speculative allegations or request an agency to investigate and report thereon. The protester has the burden of substantiating his case.