[Protest of Cancellation of Army Corps of Engineers IFB]

B-219413,B-219413.2: Jul 11, 1985

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A firm protested the Corps of Engineers' solicitation cancellation and subsequent contract award for rehabilitation work, contending that: (1) it had an inadequate amount of time to rebid; (2) the Army lacked a compelling reason to reject all bids as unreasonably high under the original solicitation; and (3) the resolicitation, which resulted in higher prices than bids received under the cancelled solicitation, showed that the Corps improperly cancelled the original solicitation. GAO found that: (1) the protest was untimely filed under bid protest regulations which require protests concerning alleged solicitation defects that are apparent prior to bid opening be filed prior to that date; (2) the protester's contention that the Army lacked a compelling reason to reject all bids and cancel the solicitation was not filed within 10 working days after the basis of protest was known; and (3) the results of the resolicitation had no bearing on the propriety of the cancellation. Accordingly, the protest was dismissed.

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