B-155499, JAN. 21, 1965

B-155499, JAN. 21, 1965

TO THE HONORABLE JAMES E. WEBB, ADMINISTRATOR, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION:

REFERENCE IS MADE TO LETTER KDG OF DECEMBER 24, 1964, FROM THE ACTING DIRECTOR, OFFICE OF PROCUREMENT, REPORTING ON THE PROTEST OF THE DATA- TRONIX CORPORATION AGAINST THE REJECTION OF ITS LOW BID UNDER INVITATION FOR BIDS P-1009, ISSUED BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, WALLOPS STATION, VIRGINIA.

THE REPORT SETS OUT THE BASIS FOR THE CONTRACTING OFFICER'S DETERMINATION THAT THE DATA-TRONIX CORPORATION BID WAS NONRESPONSIVE. HOWEVER, THE REPORT STATES THAT DESPITE THAT DETERMINATION IT HAS BEEN DECIDED THAT THE INVITATION FOR BIDS SHOULD BE CANCELED FOR SEVERAL REASONS.

FOR YOUR INFORMATION, THE DATA-TRONIX CORPORATION HAS WITHDRAWN THE PROTEST MADE AGAINST THE REJECTION OF ITS BID. THEREFORE, THE PROTEST IS RENDERED MOOT NOT ONLY BY THE DETERMINATION TO CANCEL THE INVITATION FOR BIDS AND TO READVERTISE THE PROCUREMENT, BUT ALSO BY THE WITHDRAWAL OF THE PROTEST.

AMONG THE REASONS STATED FOR CANCELING THE INVITATION FOR BIDS IS THE FACT THAT THE INVITATION PERMITTED BIDDERS TO OFFER ALTERNATE DELIVERY PERIODS TO THE ONE STATED IN THE INVITATION WITHOUT PROVIDING ANY CRITERIA FOR EVALUATING THE VARYING PERIODS WHICH WERE OFFERED. IN 41 COMP. GEN. 599 IT WAS HELD THAT AN INVITATION WHICH PERMITTED BIDDERS TO OFFER ALTERNATE DELIVERY PERIODS TO THE ONE SPECIFIED, WITHOUT INDICATING WHETHER THE OFFERED PRICE OR TIME OF DELIVERY WAS TO BE THE SIGNIFICANT EVALUATION FACTOR, HAD THE EFFECT OF PERMITTING THE CONTRACTING OFFICER TO DETERMINE THE BASIS FOR EVALUATION AFTER THE OPENING OF BIDS AND, THEREFORE, WAS CONTRARY TO THE PURPOSES OF THE STATUTES GOVERNING FORMALLY ADVERTISED PROCUREMENTS.

ACCORDINGLY, OUR OFFICE HAS NO REASON TO OBJECT TO THE PROPOSED CANCELLATION.

THE FILE ACCOMPANYING THE REPORT OF DECEMBER 24 IS RETURNED AS REQUESTED.