B-165887, FEB. 19, 1969
Highlights
INCORPORATED: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 17. THE CONTEMPLATED WORK WAS DIVIDED INTO FOUR SCHEDULES. AWARDS WERE TO BE MADE ON A SCHEDULE BASIS. YOUR PROTEST IS BASED PRIMARILY ON THE GROUND THAT CERTAIN QUANTITY REQUIREMENTS IN THE INVITATION WERE BOTH VAGUELY DESCRIBED AND OVERSTATED. IT IS YOUR POSITION THAT YOUR BIDS UNDER SCHEDULES I AND II SHOULD BE ACCEPTED RATHER THAN THE LOW BIDDER'S SINCE YOUR BID REFLECTS THE LOWEST COST TO THE GOVERNMENT WHEN EVALUATED AGAINST THE GOVERNMENT'S ACTUAL RATHER THAN ITS OVERSTATED NEEDS. III WILL BE CANCELLED AND SUBSEQUENTLY READVERTISED. SINCE THE REQUIREMENTS STATED THEREIN FOR DRAYAGE WERE GROSSLY OVERSTATED AND IT APPEARS THAT ALL BIDDERS WERE CONFUSED BY THE SOLICITATION.
B-165887, FEB. 19, 1969
TO CARTER'S MOVING AND STORAGE, INCORPORATED:
REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 17, 1968, AND ENCLOSURES, ADDRESSED TO THE PURCHASING AND CONTRACTING OFFICER, CHANUTE AIR FORCE BASE, PROTESTING ANY AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER SCHEDULES I AND II OF INVITATION FOR BIDS F11602-69-B 0484.
THE INVITATION REQUESTED BIDS FOR VARIOUS SERVICES CONNECTED WITH THE PACKING AND MOVING OF PERSONAL PROPERTY. THE CONTEMPLATED WORK WAS DIVIDED INTO FOUR SCHEDULES, EACH CONTAINING SEVERAL INDIVIDUAL ITEMS. AWARDS WERE TO BE MADE ON A SCHEDULE BASIS.
YOUR PROTEST IS BASED PRIMARILY ON THE GROUND THAT CERTAIN QUANTITY REQUIREMENTS IN THE INVITATION WERE BOTH VAGUELY DESCRIBED AND OVERSTATED. FURTHER, IT IS YOUR POSITION THAT YOUR BIDS UNDER SCHEDULES I AND II SHOULD BE ACCEPTED RATHER THAN THE LOW BIDDER'S SINCE YOUR BID REFLECTS THE LOWEST COST TO THE GOVERNMENT WHEN EVALUATED AGAINST THE GOVERNMENT'S ACTUAL RATHER THAN ITS OVERSTATED NEEDS.
IN A REPORT TO THIS OFFICE DATED FEBRUARY 6, 1969, THE DEPARTMENT OF THE AIR FORCE HAS ADVISED THAT THE SOLICITATION FOR SCHEDULES I, II, AND III WILL BE CANCELLED AND SUBSEQUENTLY READVERTISED, SINCE THE REQUIREMENTS STATED THEREIN FOR DRAYAGE WERE GROSSLY OVERSTATED AND IT APPEARS THAT ALL BIDDERS WERE CONFUSED BY THE SOLICITATION.
PURSUANT TO THE ARMED SERVICES PROCUREMENT REGULATION SEC. 2-404.1, INVITATIONS FOR BIDS MAY BE CANCELLED AFTER OPENING IF A COMPELLING REASON REQUIRES SUCH ACTION. IN OUR OPINION THE REASONS OUTLINED BY THE DEPARTMENT JUSTIFY CANCELLATION AS CLEARLY BEING IN THE BEST INTEREST OF THE GOVERNMENT. MOREOVER, AN AWARD TO YOUR FIRM ON A DIFFERENT BASIS THAN THAT WHICH WAS SET OUT IN THE INVITATION RATHER THAN TO THE OSTENSIBLE LOW BIDDER WOULD BE UNFAIR.
ACCORDINGLY, WE WILL NOT OBJECT TO THE ACTION PROPOSED TO BE TAKEN BY THE AIR FORCE IN THIS CASE.