B-172572, JUN 28, 1971

B-172572, JUN 28, 1971

BID PROTEST - CANCELLED IFB ADVISING THAT NO ACTION WILL BE TAKEN ON THE PROTEST AGAINST AWARD OF A CONTRACT TO EITHER EMERSON ELECTRIC OR AERO ACE, INC. UNDER AN IFB ISSUED BY THE AVIATION SUPPLY OFFICE NAVY DEPARTMENT, BECAUSE THE INVITATION HAS BEEN CANCELLED DUE TO A DESIGN DEFICIENCY.

TO S. W. ELECTRONICS & MANUFACTURING CORP.:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 7, 1971, PROTESTING AGAINST THE AWARD OF A CONTRACT TO EITHER EMERSON ELECTRIC, THE LOW BIDDER, OR AERO ACE, INC., THE SECOND LOW BIDDER, UNDER INVITAION FOR BIDS (IFB) N00383-71 -B-0531 ISSUED BY THE DEPARTMENT OF THE NAVY, AVIATION SUPPLY OFFICE, PHILADELPHIA, PENNSYLVANIA.

THE PROTEST UNDER THE IFB HAS BECOME ACADEMIC BECAUSE THE CONTRACTING AGENCY CANCELLED THE IFB BY AN AMENDMENT DATED MAY 12, 1971. THE CONTRACTING AGENCY HAS ADVISED THAT THE IFB WAS CANCELLED BECAUSE OF A DESIGN DEFICIENCY AND THAT THE REVISED IFB TO BE ISSUED WILL INCLUDE CORRECTED DRAWINGS, AN UPDATED MODEL OF THE EQUIPMENT AND A REQUIREMENT THAT PERFORMANCE WILL BE IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS. IN ADDITION, THE RESOLICITATION WILL CONTAIN A PROVISION MAKING THE BIDDER RESPONSIBLE FOR ANY PATENT DEFECT THAT MAY EXIST IN THE DRAWINGS AND THE GOVERNMENT RESPONSIBLE FOR LATENT DEFECTS.

IN VIEW OF THE FOREGOING, OUR FILE ON THIS MATTER IS BEING CLOSED WITHOUT ANY CONSIDERATION OF THE PROTEST.