B-243934, May 22, 1991, 91-1 CPD 502
Highlights
PROCUREMENT - Competitive Negotiation - Requests for proposals - Cancellation - Justification - GAO review DIGEST: Protest that cancellation of solicitation is improper is dismissed where the decision to cancel is based on the anticipated closure of the Air Force Base at which the services being solicited were to be provided. Which involves a matter of executive policy that is not for resolution though the bid protest process. Lake Region contends it was improper for the Air Force to cancel the solicitation after receipt of a proposal only from Lake Region. The decision to cancel the solicitation is based on the agency's determination to close Lowry AFB. Which involves a matter of executive branch policy that is not for resolution under our bid protest function.
B-243934, May 22, 1991, 91-1 CPD 502
PROCUREMENT - Competitive Negotiation - Requests for proposals - Cancellation - Justification - GAO review DIGEST: Protest that cancellation of solicitation is improper is dismissed where the decision to cancel is based on the anticipated closure of the Air Force Base at which the services being solicited were to be provided, which involves a matter of executive policy that is not for resolution though the bid protest process.
Attorneys
Lake Region Office Supply, Inc.:
Lake Region Office Supply, Inc., protests the cancellation of request for proposals (RFP) No. FO5600-91-R-0054, issued by the Department of the Air Force for the establishment of a service store at Lowry Air Force Base, Colorado. The Air Force canceled the solicitation because of the anticipated closure of Lowry AFB.
We dismiss the protest without obtaining an agency report.
Lake Region contends it was improper for the Air Force to cancel the solicitation after receipt of a proposal only from Lake Region. The protester asserts that canceling the solicitation constitutes an inappropriate basis to avoid awarding Lake Region the contract because the base closure has not yet been approved by the Defense Base Closure and Realignment Commission. Lake Region seeks award of the contract as the sole responsible offeror and payment of its proposal preparation and bid protest costs.
The decision to cancel the solicitation is based on the agency's determination to close Lowry AFB, which involves a matter of executive branch policy that is not for resolution under our bid protest function. See Travenol Laboratories, Inc., B-215739; B-216961, Jan. 29, 1985, 85-1 CPD Para. 114. Similarly, the question of whether the agency has complied with its internal procedure in finalizing the base closure determination is a matter of executive policy to be resolved by the agency, and which is inappropriate for resolution through the bid protest process. See True Mach. Co., B-215885, Jan. 4, 1985, 85-1 CPD Para. 18.
The protest is dismissed.