B-169256, JUN. 2, 1970

B-169256, JUN. 2, 1970

BIDS--DISCARDING ALL BIDS--CHANGED CONDITIONS, ETC.--PROCUREMENT NO LONGER NEEDED MATTER OF PROPRIETY OF ADMINISTRATIVE FINDING THAT PROTESTANT WAS NONRESPONSIVE TO NAVY INVITATION FOR TRAINERS BECOMES ACADEMIC IN VIEW OF REQUISITIONING ACTIVITY'S CANCELLATION OF PURCHASE REQUISITION PURSUANT TO ASPR 2.404-1, UPON FINDING SUBJECT EQUIPMENT WAS NO LONGER REQUIRED.

TO METHVEN CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 24, 1970, WITH ENCLOSURE, SETTING FORTH THE BASIS FOR YOUR PROTEST UNDER INVITATION FOR BIDS NO. N00140-70-B-0874, ISSUED BY THE NAVAL REGIONAL PROCUREMENT OFFICE, BROOKLYN, NEW YORK. BY LETTER DATED MARCH 25, 1970, OUR OFFICE FURNISHED YOU WITH A COPY OF THE ADMINISTRATIVE REPORT ON THIS MATTER. HOWEVER, WE HAVE NOT RECEIVED ANY WRITTEN COMMENTS FROM YOU ON THE REPORT AND THEREFORE OUR CONSIDERATION OF THE CASE IS BASED ON THE PRESENT WRITTEN RECORD.

THE SUBJECT INVITATION ISSUED ON JANUARY 12, 1970, CALLED FOR FIFTEEN REFRIGERATION PRINCIPLES DEMONSTRATOR TRAINERS TO BE DELIVERED TO VARIOUS DESTINATIONS. THE INVITATION CITED YORK MODEL YT-64 TRAINER, OR EQUAL, AND INVOLVED THE BRAND NAME OR EQUAL CLAUSE CITED IN ARMED SERVICES PROCUREMENT REGULATION (ASPR) 1-1206.3(B). BIDS WERE OPENED ON FEBRUARY 2, 1970, AND OF THE SEVEN BIDS RECEIVED, IT WAS DETERMINED THAT YOUR FIRM SUBMITTED THE LOWEST BID.

WE ARE ADVISED THAT YOUR FIRM BID ON METHVEN CORPORATION TRAINER MODEL MC -704, AND STATED IN A COVER LETTER TO THE BID, THAT "THE MODEL MC-704 REFRIGERATION PRINCIPLES DEMONSTRATOR WILL BE EQUAL IN ALL RESPECTS TO THE SPECIFIED YORK MODEL YT-64, EXCEPT AS MODIFIED TO CONFORM TO SECTION 2.0 SPECIFICATIONS." WE ARE FURTHER ADVISED THAT YOUR FIRM FURNISHED NO DESCRIPTIVE LITERATURE DESCRIBING THE BASIC MC-704, NOR ANY LITERATURE DESCRIBING THE PROPOSED MODIFICATIONS AS REQUIRED BY THE INVITATION. IS THE POSITION OF THE PROCURING ACTIVITY THAT THE FAILURE OF YOUR FIRM TO COMPLY WITH THE REQUIREMENTS OF THE BRAND NAME OR EQUAL CLAUSE SET FORTH IN THE INVITATION RENDERED YOUR BID NONRESPONSIVE. HOWEVER, WE NEED NOT CONSIDER THE MERITS OF THIS ISSUE IN VIEW OF THE FOLLOWING INFORMATION FURNISHED US BY THE PROCURING ACTIVITY.

NO AWARD WAS MADE UNDER THIS INVITATION SINCE, SUBSEQUENT TO THE ASSIGNED CLOSING DATE, THE REQUISITIONING ACTIVITY, THE NAVAL TRAINING AIDS CENTER, NEW YORK, STATED THAT THE NEED FOR THE EQUIPMENT NO LONGER EXISTED AND, ACCORDINGLY, CANCELLED THE PURCHASE REQUISITION. BY LETTER OF MARCH 2, 1970, THE NAVAL REGIONAL PROCUREMENT OFFICE NOTIFIED EACH BIDDER OF THE CANCELLATION. AS A RESULT OF THIS ACTION, THE MATTER RAISED BY YOUR PROTEST BECOMES ACADEMIC.

YOUR ATTENTION IS INVITED TO ASPR 2.404-1, WHICH PROVIDES IN PERTINENT PART, AS FOLLOWS:

"(A) THE PRESERVATION OF THE INTEGRITY OF THE COMPETITIVE BID SYSTEM DICTATES THAT AFTER BIDS HAVE BEEN OPENED, AWARD MUST BE MADE TO THAT RESPONSIBLE BIDDER WHO SUBMITTED THE LOWEST RESPONSIVE BID, UNLESS THERE IS A COMPELLING REASON TO REJECT ALL BIDS AND CANCEL THE INVITATION. ***.

"(B) *** INVITATION FOR BIDS MAY BE CANCELED AFTER OPENING BUT PRIOR TO AWARD WHERE SUCH ACTION IS CONSISTENT WITH (A) ABOVE AND THE CONTRACTING OFFICER DETERMINES IN WRITING THAT

"(III) THE SUPPLIES OR SERVICES BEING PROCURED ARE NO LONGER REQUIRED."

OBVIOUSLY, THE GOVERNMENT MAY NOT BE COMPELLED TO MAKE AN AWARD FOR AN ITEM OR FOR QUANTITIES OF AN ITEM WHICH IT NO LONGER NEEDS OR WANTS.

ACCORDINGLY, YOUR PROTEST IS DENIED.