[Protest of Treasury Cancellation of Solicitation for Storage Racks]

B-255379,B-255381: Feb 25, 1994

Additional Materials:

Contact:

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

A firm protested the Department of the Treasury's cancellation of a solicitation and subsequent contract award for storage racks, contending that: (1) the solicitation was not ambiguous, since it could calculate the required product quantity; (2) Treasury unreasonably cancelled the solicitation and terminated its contract; and (3) Treasury improperly made award to another bidder. GAO held that: (1) the solicitation was ambiguous, since the inconsistency between its price schedule and specifications was open to more than one reasonable interpretation by the bidders; (2) the solicitation misled the bidders and significantly overstated Treasury's minimum needs; (3) Treasury properly cancelled the solicitation and terminated the protester's contract; and (4) the protest against the subsequent contract award was academic, since Treasury planned to cancel the contract and resolicit its requirements. Accordingly, the protest was denied.