Claim Concerning the Cancellation of Contract

B-195753: Dec 8, 1981

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Ralph O. White
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Kenneth E. Patton
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A firm submitted a claim concerning the cancellation of a contract. After the firm was awarded the contract, the agency forwarded the bid to its solicitor's office for review. The solicitor found that the bid was nonresponsive and recommended that the contract be canceled. Based on this recommendation, the award was canceled, an award was made to the next lowest bidder, and the contract was performed in full. The protester submitted an itemized list of the damages which it contended it had incurred because of the cancellation and the agency's delay in discovering that the bid was nonresponsive and notifying it of the termination of the award. Any claim relating to an alleged improper cancellation of a contract is required to be processed under the Contract Disputes Act and may not be considered by GAO. As the protester's submission was for monetary relief and performance under the contract awarded to the next lowest bidder has been completed, there is no possibility of corrective action under the procurement. Accordingly, the claim was dismissed.