B-243814, B-243815, May 13, 1991, 91-1 CPD 463

B-243814, B-243815, May 13, 1991, 91-1 CPD 463

PROCUREMENT - Bid Protests - Dismissal - Definition DIGEST: 1. Where protest of cancellation of solicitation after bid opening does not allege any reason why cancellation was improper, protest is dismissed for failure to state a legally sufficient basis. PROCUREMENT - Bid Protests - GAO procedures - Preparation costs PROCUREMENT - Competitive Negotiation - Offers - Preparation costs 2. Where protest is dismissed for failure to state a legally sufficient basis, protester is not entitled to recover bid preparation or protest costs.

Attorneys

Techno Engineering Construction, Ltd.:

Techno Engineering Construction, Ltd. protests the cancellations of invitation for bids (IFB) Nos. N62471-89-B-1341 and N62471-89-B-1343, issued by the Department of the Navy for construction work at the Ford Island Naval Station, Pearl Harbor, Hawaii.

We dismiss the protests.

Our Bid Protest Regulations provide that a protest shall include a detailed statement of the legal and factual grounds of protest, 4 C.F.R. Sec. 21.1(c)(4) (1991), and that the grounds stated be legally sufficient. 4 C.F.R. Sec. 21.1(e). This requirement contemplates that protesters will provide, at a minimum, either allegations or evidence sufficient, if uncontradicted, to establish the likelihood of the protester's claim of improper agency action. Basic Supply Co., Inc., B-241683, Oct. 31, 1990, 90-2 CPD Para. 362.

Techno's protests state only that the Navy canceled the IFBs after bid opening because of a change in the agency's mission. An agency may cancel an IFB after bid opening if it has a compelling reason to do so- for example, a change in the government's requirements. See Federal Acquisition Regulation Sec. 14.404-1(a)(1); Pneumatrek, Inc., B-225136, Feb. 24, 1987, 87-1 CPD Para. 202. Techno does not argue that the cancellations were improper in this regard; the protests therefore fail to set forth a legally sufficient basis as required by our Regulations. See Basic Supply Co., Inc., B-241683, supra.

Techno also requests award of bid preparation and protest costs. Our authority to award such costs is predicated on a determination by our Office that an agency has acted contrary to statute or regulation. U.S.C. Sec. 3554(c)(1) (1988). As Techno has not provided us with any basis to make such a determination, it is not entitled to reimbursement of its costs.

The protests are dismissed.