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[Protest of VA Solicitation Cancellation]

B-216712 Published: Apr 26, 1985. Publicly Released: Apr 26, 1985.
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Highlights

A firm protested a General Services Administration (GSA) cancellation of a solicitation. GAO cancelled the solicitation because unexpected administrative delays subsequent to bid opening rendered it impossible for any awardee to meet the delivery schedule in the solicitation. The protester maintained that: (1) it expressed a willingness to accept the award by unconditionally extending its bid acceptance period in writing; and (2) GSA improperly ignored a Certificate of Competency (COC) issued by the Small Business Administration (SBA). GSA requested the protester to extend its bid acceptance period so that a preaward survey could be conducted, which the protester agreed to but never confirmed the extension in writing. The preaward survey indicated that the protester was incapable of performing the contract, and it was determined that the firm was nonresponsible. SBA informed GSA that the COC application would be evaluated on a delivery schedule different from that in the solicitation and issued a COC certifying the protester's responsibility. The firm responded that it was uncertain that it could meet the short delivery schedule and was reminded that no award would be made without a written extension. GSA cancelled the solicitation because an agreement on the delivery schedule could not be reached. The protester claimed that it sent GSA a written extension of its bid although GSA denied receiving the written extension. GAO has held that when the only evidence is conflicting statements by the protester and the contracting agency, the protester has not met its burden of affirmatively proving its case. Further, GAO found that the agency properly cancelled the solicitation. Accordingly, the protest was denied.

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Topics

Administrative errorsBid modificationsBidder responsibilityCertificates of competencySolicitation cancellation protestsPreaward surveyBid evaluation protestsSolicitation cancellationSmall businessBuy national policyIntellectual property rightsFederal regulations