B-222325, MAY 22, 1986, 86-1 CPD 480
Highlights
IS DISMISSED AS ACADEMIC WHERE THE AGENCY CANCELED THE SOLICITATION. COLOGNA ALLEGES THAT BEFORE QUOTES WERE DUE. REPORTS THAT NO CONTRACTS HAVE BEEN AWARDED. THE ARMY CANCELED THE SOLICITATION BECAUSE TWO OF THE WORK SITES IN THE RFQ WERE BEING AWARDED UNDER THE SMALL BUSINESS ADMINISTRATION'S 8(A) PROGRAM. OUR OFFICE WILL NOT CONSIDER A PROTEST WHEN THE SOLICITATION UNDERLYING IT HAS BEEN CANCELED SINCE CANCELLATION RENDERS THE PROTEST ACADEMIC.
B-222325, MAY 22, 1986, 86-1 CPD 480
CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - SOLICITATION CANCELED DIGEST: PROTEST THAT AGENCY ADVISED OFFEROR THAT ONLY ONE CONTRACT WOULD BE AWARDED UNDER SOLICITATION, AND THEN MADE MULTIPLE AWARDS, IS DISMISSED AS ACADEMIC WHERE THE AGENCY CANCELED THE SOLICITATION.
MICHAEL A. COLOGNA:
MICHAEL COLOGNA (COLOGNA) PROTESTS THE AWARD OF ANY CONTRACT UNDER REQUEST FOR QUOTATIONS (RFQ) DABT35-86-Q-0114, ISSUED BY THE DEPARTMENT OF THE ARMY (ARMY) FOR GROUNDS MAINTENANCE SERVICES AT NINE NEW JERSEY RESERVE CENTERS. COLOGNA ALLEGES THAT BEFORE QUOTES WERE DUE, ARMY CONTRACTING PERSONNEL STATED THAT ONLY ONE CONTRACT WOULD BE AWARDED FOR ALL NINE RESERVE CENTERS, BUT SUBSEQUENTLY AWARDED CONTRACTS FOR INDIVIDUAL CENTERS.
THE ARMY DENIES ADVISING COLOGNA THAT ONLY ONE AWARD WOULD BE MADE, AND REPORTS THAT NO CONTRACTS HAVE BEEN AWARDED. THE ARMY CANCELED THE SOLICITATION BECAUSE TWO OF THE WORK SITES IN THE RFQ WERE BEING AWARDED UNDER THE SMALL BUSINESS ADMINISTRATION'S 8(A) PROGRAM, AND THE RFQ DID NOT CONTAIN A MULTIPLE AWARDS CLAUSE. A NEW RFQ WITHOUT THESE TWO SITES HAS BEEN ISSUED.
OUR OFFICE WILL NOT CONSIDER A PROTEST WHEN THE SOLICITATION UNDERLYING IT HAS BEEN CANCELED SINCE CANCELLATION RENDERS THE PROTEST ACADEMIC. SEE CAPITAL ELECTRIC CONSTRUCTION CO. OF KANSAS, INC., B-220964, DEC. 24, 1985, 85-2 CPD PARA. 714. ACCORDINGLY, WE DISMISS THE PROTEST.