B-214310, APR 12, 1984
Highlights
PROTEST OF A SOLICITATION'S BID GUARANTEE AND PERFORMANCE BOND REQUIREMENTS IS DISMISSED AS ACADEMIC BECAUSE THE SOLICITATION HAS BEEN CANCELED. 2. CONTENTION THAT FUTURE SOLICITATIONS MAY CONTAIN UNDULY RESTRICTIVE REQUIREMENTS IS DISMISSED AS PREMATURE. THE PROTESTER CONTENDS THAT BID GUARANTEE AND PERFORMANCE BOND REQUIREMENTS ARE UNNECESSARY AND THEREFORE UNDULY RESTRICTIVE OF COMPETITION. INS CANCELED THE SOLICITATION BECAUSE IT DETERMINED THAT SUPPLEMENTAL GUARD SERVICES WERE NO LONGER NEEDED AT THE CHULA VISTA FACILITY. THE PROTEST CONCERNING THE TERMS OF THE SOLICITATION IS THEREFORE ACADEMIC AND WILL NOT BE CONSIDERED. WE WILL NOT CONSIDER THE PROTESTER'S CONTENTIONS WITH RESPECT TO ANY FUTURE SOLICITATIONS SINCE OUR BID PROTEST PROCEDURES.
B-214310, APR 12, 1984
DIGEST: 1. PROTEST OF A SOLICITATION'S BID GUARANTEE AND PERFORMANCE BOND REQUIREMENTS IS DISMISSED AS ACADEMIC BECAUSE THE SOLICITATION HAS BEEN CANCELED. 2. CONTENTION THAT FUTURE SOLICITATIONS MAY CONTAIN UNDULY RESTRICTIVE REQUIREMENTS IS DISMISSED AS PREMATURE.
D.J. FINDLEY, INC.:
D.J. FINDLEY, INC. PROTESTS THE BID GUARANTEE AND PERFORMANCE BOND REQUIREMENTS OF SOLICITATION NO. WRPMP-5224/IFB/SPD-84-19, ISSUED BY THE IMMIGRATION AND NATURALIZATION SERVICE (INS), DEPARTMENT OF JUSTICE, FOR SUPPLEMENTAL GUARD SERVICES AT THE CHULA VISTA STAGING AREA IN CHULA VISTA, CALIFORNIA. THE PROTESTER CONTENDS THAT BID GUARANTEE AND PERFORMANCE BOND REQUIREMENTS ARE UNNECESSARY AND THEREFORE UNDULY RESTRICTIVE OF COMPETITION; IT REQUESTS THAT THESE REQUIREMENTS BE DELETED FROM THIS AND ALL FUTURE SOLICITATIONS FOR GUARD SERVICES.
SUBSEQUENT TO THE FILING OF THIS PROTEST, INS CANCELED THE SOLICITATION BECAUSE IT DETERMINED THAT SUPPLEMENTAL GUARD SERVICES WERE NO LONGER NEEDED AT THE CHULA VISTA FACILITY. THE PROTEST CONCERNING THE TERMS OF THE SOLICITATION IS THEREFORE ACADEMIC AND WILL NOT BE CONSIDERED. PETRALLOY CORPORATION D/B/A FACTECH COMPANY, B-212592, SEPTEMBER 21, 1983, 83-2 CPD 354. IN ADDITION, WE WILL NOT CONSIDER THE PROTESTER'S CONTENTIONS WITH RESPECT TO ANY FUTURE SOLICITATIONS SINCE OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), ARE NOT AVAILABLE FOR CHALLENGING FUTURE PROCUREMENTS. ID.
WE DISMISS THE PROTEST.