B-225519.3, APR 3, 1987, 87-1 CPD 375
Highlights
PROCUREMENT - BID PROTESTS - MOOT ALLEGATION - GAO REVIEW PROCUREMENT - COMPETITIVE NEGOTIATION - OFFERS - PREPARATION COSTS DIGEST: PROTEST THAT SOLICITATION IS AMBIGUOUS IS DISMISSED AS ACADEMIC WHERE CONTRACTING AGENCY CANCELED SOLICITATION AS REQUESTED BY PROTESTER. CLAIM FOR PROPOSAL PREPARATION COSTS IS ALSO DISMISSED SINCE PROTEST HAS NOT BEEN CONSIDERED ON THE MERITS. THE PROTESTER CONTENDS THAT THE ARMY IMPROPERLY REJECTED ARKLA'S PROPOSAL AND THAT THE FIRM IS ENTITLED TO AWARD OF THE CONTRACT UNDER THE SOLICITATION. IF IT IS NOT AWARDED THE CONTRACT. THE ARMY HAS ADVISED OUR OFFICE THAT THE SOLICITATION WAS CANCELED ON MARCH 20. IN PART BECAUSE THE MONTHLY CONSUMPTION ESTIMATES WERE INADEQUATE.
B-225519.3, APR 3, 1987, 87-1 CPD 375
PROCUREMENT - BID PROTESTS - MOOT ALLEGATION - GAO REVIEW PROCUREMENT - COMPETITIVE NEGOTIATION - OFFERS - PREPARATION COSTS DIGEST: PROTEST THAT SOLICITATION IS AMBIGUOUS IS DISMISSED AS ACADEMIC WHERE CONTRACTING AGENCY CANCELED SOLICITATION AS REQUESTED BY PROTESTER. CLAIM FOR PROPOSAL PREPARATION COSTS IS ALSO DISMISSED SINCE PROTEST HAS NOT BEEN CONSIDERED ON THE MERITS.
ARKLA, INC.:
ARKLA, INC. PROTESTS THAT SOLICITATION NO. DABT39-85-R-0203, ISSUED BY THE DEPARTMENT OF THE ARMY FOR PROPOSALS TO SUPPLY NATURAL GAS SERVICE TO FORT SILL, OKLAHOMA, SHOULD BE CANCELED BECAUSE IT CONTAINS AMBIGUOUS ESTIMATES OF THE MONTHLY CONSUMPTION OF NATURAL GAS AT FORT SILL. ALTERNATIVELY, THE PROTESTER CONTENDS THAT THE ARMY IMPROPERLY REJECTED ARKLA'S PROPOSAL AND THAT THE FIRM IS ENTITLED TO AWARD OF THE CONTRACT UNDER THE SOLICITATION. ARKLA ALSO REQUESTS REIMBURSEMENT OF ITS PROPOSAL PREPARATION EXPENSES, IF IT IS NOT AWARDED THE CONTRACT. WE DISMISS THE PROTEST AND THE CLAIM.
THE ARMY HAS ADVISED OUR OFFICE THAT THE SOLICITATION WAS CANCELED ON MARCH 20, 1987, IN PART BECAUSE THE MONTHLY CONSUMPTION ESTIMATES WERE INADEQUATE. THE ARMY ALSO INDICATED THAT A SOLICITATION WILL BE ISSUED FOR THIS REQUIREMENT AT A FUTURE DATE. SINCE THE SOLICITATION HAS BEEN CANCELED AS REQUESTED BY AAKLA IN ITS PROTEST, ARKLA'S PROTEST IS ACADEMIC AND WILL NOT BE CONSIDERED ON ITS MERITS. BRU CONSTRUCTION CO., INC., B-221383.2, MAY 27, 1986, 86-1 CPD PARA. 487. THE PROTESTER'S CLAIM FOR PROPOSAL PREPARATION COSTS IS ALSO DISMISSED, BECAUSE OUR OFFICE WILL NOT CONSIDER A CLAIM FOR SUCH COSTS WHICH IS SUBMITTED WITH A PROTEST THAT IS NOT CONSIDERED ON THE MERITS. FEDERAL ELECTRIC CORP., B-220418.2, APR. 1, 1987, 87-1 CPD PARA. ***.