B-233793.2, Aug 3, 1989, 89-2 CPD 102
Highlights
PROCUREMENT - Bid Protests - GAO decisions - Reconsideration DIGEST: Request for reconsideration is dismissed where funds for the procurement have been withdrawn which renders academic the issues considered under original decision. The Navy has advised that funds for the procurement have been withdrawn and. Our interpretation of the RFP was erroneous and that not resolving this issue will adversely affect its position in the marketplace. We only consider protests against specific procurement actions and will not render to a protester what would be. The request for reconsideration is dismissed.
B-233793.2, Aug 3, 1989, 89-2 CPD 102
PROCUREMENT - Bid Protests - GAO decisions - Reconsideration DIGEST: Request for reconsideration is dismissed where funds for the procurement have been withdrawn which renders academic the issues considered under original decision.
Morey Machinery, Inc.-- Request for Reconsideration:
Morey Machinery, Inc., requests reconsideration of our decision in Morey Machinery, Inc., B-233793, Apr. 18, 1989, 89-1 CPD Para. 383, in which we denied its protest against the proposed award of a contract to Foxco, Inc., under request for proposals (RFP) No. N00600-88-R-0226, issued by the Naval Regional Contracting Center, Washington, D.C., for milling machines. We dismiss the request for reconsideration.
The Navy has advised that funds for the procurement have been withdrawn and, therefore, the solicitation has been canceled. Morey requests that we consider its request for reconsideration, notwithstanding the Navy's decision to cancel the procurement, because, Morey argues, our interpretation of the RFP was erroneous and that not resolving this issue will adversely affect its position in the marketplace.
We decline to do so. The cancellation of the RFP renders Morey's protest academic. See Magnavox Advanced Products and Systems Co., B-230601, June 20, 1988, 88-1 CPD Para. 585; James M. Carroll-- Reconsideration, B-221502.3, Mar. 24, 1986, 86-1 CPD Para. 290. We do not consider academic protests because to do so would serve no useful public policy purpose. We only consider protests against specific procurement actions and will not render to a protester what would be, in effect, an advisory decision in anticipation of a possible future impropriety. See East West Research, Inc.-- Reconsideration, B-233623.2, Apr. 14, 1989, 89-1 CPD Para. 379.
The request for reconsideration is dismissed.