Protest of Solicitation Cancellation

B-194185,B-195175,B-195209,B-195401,B-196269: Nov 20, 1979

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A firm protested the cancellation of a Navy solicitation and certain requirements in several other Navy solicitations. The firm protested by letter to the Navy that the requirement for compressors precluded it from providing a product that had been furnished in past procurements. The firm further argued that the product had been changed to meet the specifications. The Navy contended that the firm's letter was not a protest, and that its subsequent protest was untimely. They further contended that the solicitation was cancelled because the requirements were changed after the opening of bids. The Navy asserted that the requirement was included barring the protester's compressors because of past difficulties in having these compressors repaired. It was held that the letter to the Navy was a protest, and since no adverse action was taken by the Navy, the firm's subsequent protest was timely. It was further held that the cancellation of the solicitation was proper because of the change in requirements after the opening of bids. In addition, it was held that the Navy's decision to bar the firm's compressors was reasonable. Finally, the firm's protest concerning the use by the Navy of general requirements was held to be valid. The Navy agreed and has changed some of these requirements. Thus, except as noted, the protest was denied.

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