B-218203, MAR 28, 1985, 85-1 CPD 373
Highlights
QUESTIONS - SOLICITATION CANCELLED DIGEST: PROTEST IS DISMISSED WHERE THE UNDERLYING SOLICITATION HAS BEEN CANCELED AND THE CANCELLATION RENDERS THE PROTEST ACADEMIC. THE PROTESTER CONTENDS THAT PORTIONS OF THE SPECIFICATIONS THAT PERTAIN TO THE DESIGN AND INSTALLATION OF THE SYSTEM ARE INCONSISTENT WITH FEDERAL GUIDE SPECIFICATION 15705 AND UNDULY RESTRICTIVE OF COMPETITION SINCE THEY PRECLUDE U.S. THE NAVY HAS ADVISED US THAT IT HAS CANCELED THE SUBJECT SOLICITATION AND THAT IF THE REQUIREMENT IS SUBSEQUENTLY RESOLICITED. "THE SOLICITATION WILL CITE THE REQUIREMENTS FOR AN UNDERGROUND HEAT DISTRIBUTION SYSTEM. WE WILL NOT CONSIDER A SOLICITATION PROTEST WHEN THE SUBJECT SOLICITATION HAS BEEN CANCELED SINCE THAT ACTION RENDERS THE PROTEST ACADEMIC.
B-218203, MAR 28, 1985, 85-1 CPD 373
CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - SOLICITATION CANCELLED DIGEST: PROTEST IS DISMISSED WHERE THE UNDERLYING SOLICITATION HAS BEEN CANCELED AND THE CANCELLATION RENDERS THE PROTEST ACADEMIC.
U.S. POLYCON CORP:
U.S. POLYCON CORP. (U.S. POLYCON) PROTESTS CERTAIN OF THE SPECIFICATIONS CONTAINED IN INVITATION FOR BIDS NO. N00128-85-B-0021, ISSUED BY THE DEPARTMENT OF THE NAVY FOR A PREFABRICATED INSULATED PIPING SYSTEM. THE PROTESTER CONTENDS THAT PORTIONS OF THE SPECIFICATIONS THAT PERTAIN TO THE DESIGN AND INSTALLATION OF THE SYSTEM ARE INCONSISTENT WITH FEDERAL GUIDE SPECIFICATION 15705 AND UNDULY RESTRICTIVE OF COMPETITION SINCE THEY PRECLUDE U.S. POLYCON FROM OFFERING ITS SYSTEM.
THE NAVY HAS ADVISED US THAT IT HAS CANCELED THE SUBJECT SOLICITATION AND THAT IF THE REQUIREMENT IS SUBSEQUENTLY RESOLICITED, "THE SOLICITATION WILL CITE THE REQUIREMENTS FOR AN UNDERGROUND HEAT DISTRIBUTION SYSTEM, AS SPECIFIED IN FEDERAL GUIDE SPECIFICATION 15705." WE WILL NOT CONSIDER A SOLICITATION PROTEST WHEN THE SUBJECT SOLICITATION HAS BEEN CANCELED SINCE THAT ACTION RENDERS THE PROTEST ACADEMIC. SEE SPLENDID DRY CLEANERS, B-215102.2, FEB. 22, 1985, 85-1 CPD PARA. 225.
THE PROTEST IS DISMISSED.