[Protest of NASA Contractor's Cancellation of Solicitation for Diffuser System]
Highlights
A firm protested a National Aeronautics and Space Administration (NASA) contractor's cancellation of a solicitation for a diffuser system, contending that the contractor: (1) improperly cancelled the solicitation without a compelling reason; (2) improperly resolicited the requirement as a negotiated procurement in the absence of permissible circumstances; (3) failed to provide the protester with documents relating to the technical evaluation of its proposal; (4) improperly awarded the contract while the protest was pending; (5) failed to enforce a regulatory permits and responsibilities clause; and (6) improperly determined that a subcontractor proposed by the protester was unacceptable. GAO held that: (1) it would not consider the propriety of the NASA decision to cancel the solicitation, since the protester did not timely raise the issue; (2) it would not consider whether the NASA contractor was required to use competitive procedures, rather than negotiated procedures, since the protest was untimely filed; (3) the protester was not entitled to procurement documents that would give it a competitive advantage or which it was not otherwise authorized by law to receive; (4) the contractor properly awarded the contract, since NASA had an urgent need for the system; (5) it would not consider the awardee's compliance with state and local licensing requirements; and (6) the protester was not prejudiced by the contractor's technical proposal evaluation. Accordingly, the protest was dismissed.