[Request for Reconsideration of Protest of DLA Solicitation Cancellation]
B-210317.2: Aug 15, 1983
- Full Report:
A firm requested reconsideration of a decision which denied its protest of the Defense Logistics Agency's cancellation of an invitation for bids (IFB) for chlorination kits. In the previous decision, GAO held that the contracting officer acted reasonably in canceling the IFB in view of the premature opening of three bids, the protest of the premature opening by the awardee on the prior IFB for the kits, and the number of potential bidders. The protester argued that: (1) GAO failed to provide a standard by which to determine whether an action was reasonable; (2) the equities due the firms which had bids prematurely exposed outweighed the rights of potential bidders, since adequate competition was obtained and the prices were reasonable; and (3) there were no compelling reasons to cancel the IFB. GAO found that: (1) there was no evidence that the contracting officer's decision to cancel the IFB was made capriciously or without reason; and (2) the protester failed to establish that the prior decision was based on an erroneous interpretation of either fact or law. Accordingly, the prior decision was affirmed.