B-211090, JUN 17, 1983
Highlights
WHERE ALL THREE BIDS RECEIVED UNDER IFB WERE PROPERLY REJECTED AS NONRESPONSIVE. CANCELLATION OF IFB IS PROPER. 2. PROTEST AGAINST RESTRICTIVENESS OF SALIENT CHARACTERISTICS FILED AFTER BID OPENING IS UNTIMELY UNDER 4 C.F.R. KAHN SUBMITTED A BID FOR SIX DEWPOINT HYGROMETERS WHICH WAS REJECTED AS NONRESPONSIVE BECAUSE KAHN DID KAHN CONTENDS THAT THE BRAND NAME MANUFACTURER IS A LARGE BUSINESS AND. THE SALIENT CHARACTERISTIC UNDER WHICH IT WAS REJECTED IS A PROPRIETARY FEATURE OF THE BRAND NAME AND UNNECESSARY. INCLUDING THE BRAND NAME MANUFACTURER'S BECAUSE IT WAS NOT A SMALL BUSINESS. SINCE THERE WERE NO RESPONSIVE BIDS SUBMITTED. CANCELLATION OF THE INSTANT IFB WAS PROPER. WE ALSO NOTE THAT KAHN'S PROTEST AGAINST THE SALIENT CHARACTERISTICS WAS RECEIVED AFTER BID OPENING AND IS THEREFORE UNTIMELY. 4 C.F.R.
B-211090, JUN 17, 1983
DIGEST: 1. WHERE ALL THREE BIDS RECEIVED UNDER IFB WERE PROPERLY REJECTED AS NONRESPONSIVE, CANCELLATION OF IFB IS PROPER. 2. PROTEST AGAINST RESTRICTIVENESS OF SALIENT CHARACTERISTICS FILED AFTER BID OPENING IS UNTIMELY UNDER 4 C.F.R. SEC. 21.2(B)(1) (1983).
KAHN INSTRUMENTS, INC.:
KAHN INSTRUMENTS, INC. (KAHN), A LARGE BUSINESS, SMALL BUSINESS SET ASIDE, BRAND NAME OR EQUAL INVITATION NOT QUALIFY AS A SMALL BUSINESS AND BECAUSE KAHN'S PRODUCTS DID NOT CONFORM TO THE SALIENT CHARACTERISTICS IN THE SOLICITATION. PROTESTS THE CHOICE OF SALIENT CHARACTERISTICS FOR A FOR BIDS (IFB) AS WELL AS THE SUBSEQUENT CANCELLATION OF THE IFB, NO. F- 40650-83-B0003, ISSUED BY ARNOLD AIR FORCE STATION, TENNESSEE.
WE DISMISS THE PROTEST.
KAHN SUBMITTED A BID FOR SIX DEWPOINT HYGROMETERS WHICH WAS REJECTED AS NONRESPONSIVE BECAUSE KAHN DID
KAHN CONTENDS THAT THE BRAND NAME MANUFACTURER IS A LARGE BUSINESS AND, THEREFORE, KAHN ALSO SUBMITTED A BID AND, FURTHER, THE SALIENT CHARACTERISTIC UNDER WHICH IT WAS REJECTED IS A PROPRIETARY FEATURE OF THE BRAND NAME AND UNNECESSARY.
WE NOTE THAT THE AIR FORCE REJECTED ALL THREE BIDS RECEIVED, INCLUDING THE BRAND NAME MANUFACTURER'S BECAUSE IT WAS NOT A SMALL BUSINESS, AND CANCELED THE SOLICITATION. AN UNRESTRICTED SOLICITATION HAS NOW BEEN ISSUED.
SINCE THERE WERE NO RESPONSIVE BIDS SUBMITTED, CANCELLATION OF THE INSTANT IFB WAS PROPER.
WE ALSO NOTE THAT KAHN'S PROTEST AGAINST THE SALIENT CHARACTERISTICS WAS RECEIVED AFTER BID OPENING AND IS THEREFORE UNTIMELY. 4 C.F.R. SEC. 21.2(B)(1) (1983); MILITARY SERVICES OF MONTEREY, B-207704, AUGUST 24, 1982, 82-2 CPD 175.
PROTEST DISMISSED.