[Protest of FmHA Contract Award for Presort Mail Services]
Highlights
A firm protested a Farmers Home Administration (FmHA) contract award for presort mail services, contending that FmHA improperly changed its requirements after bid opening in order to award the contract to another firm. GAO noted that, after the award, FmHA discovered that the solicitation restrictions altered the scope of work and, consequently, the specifications did not adequately describe its needs; therefore, the contract was terminated for the convenience of the government. GAO found that, since the award under the original solicitation had been terminated, the protest concerning the award was academic. Accordingly, the protest was dismissed.
B-220878, DEC 5, 1985, 85-2 CPD 632
CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - CONTRACT TERMINATED FOR CONVENIENCE DIGEST: PROTEST AGAINST AWARD TO ANOTHER FIRM IS ACADEMIC WHEN THE CONTRACT IN QUESTION HAS BEEN TERMINATED FOR THE CONVENIENCE OF THE GOVERNMENT BECAUSE THE CONTRACTING AGENCY DISCOVERED AFTER AWARD THAT THE SPECIFICATIONS DID NOT ADEQUATELY DESCRIBE ITS NEEDS.
BUILDING MAINTENANCE SPECIALIST, INC.:
BUILDING MAINTENANCE SPECIALIST, INC. (BMS), PROTESTS THE AWARD OF A CONTRACT TO ZIP MAIL SERVICES (ZIP) UNDER SOLICITATION NO. FMHA-FO-85 18 ISSUED BY THE FARMERS HOME ADMINISTRATION (FHA) FOR PRESORT MAIL SERVICES. BMS CONTENDS THAT THE FHA IMPROPERLY CHANGED ITS REQUIREMENTS AFTER BID OPENING IN ORDER TO AWARD THE CONTRACT TO ZIP.
THE FHA ADVISED OUR OFFICE THAT, AFTER AWARD TO ZIP, THE GOVERNMENT DISCOVERED THAT UNITED STATES POSTAL SERVICE RESTRICTIONS ALTERED THE SCOPE OF WORK INCLUDED IN THE SOLICITATION AND, CONSEQUENTLY, THE SPECIFICATIONS DID NOT ADEQUATELY DESCRIBE ITS NEEDS. FHA STATES THAT IT THEREFORE TERMINATED ZIP'S CONTRACT FOR THE CONVENIENCE OF THE GOVERNMENT AND INTENDS TO RESOLICIT.
SINCE THE AWARD UNDER THE ORIGINAL SOLICITATION HAS BEEN TERMINATED AND THE REQUIREMENT WILL BE RECOMPETED UNDER A NEW SOLICITATION, BMS'S PROTEST CONCERNING THE AWARD OF A CONTRACT UNDER THE ORIGINAL SOLICITATION IS ACADEMIC AND WILL NOT BE CONSIDERED. MIDWEST HOLDING CORPORATION, B-219926, SEPT. 26, 1985, 85-2 CPD PARA. 344, AFF'D MIDWEST HOLDING CORPORATION-- RECONSIDERATION, B-219926.2, NOV. 13, 1985, 85-2 CPD PARA. ---.
THE PROTEST IS DISMISSED.