Protest Involving Canceling IFB
Highlights
An incumbent contractor protested a decision by the Air Force to resolicit bids on a contract to provide maintenance services. Amendments to the invitation for bids (IFB) added a building not mentioned in the original IFB but did not provide revised bidding schedules for the unit prices charged for the additional building. Four of the five bids received were nonresponsive; the only responsive bid was submitted by the incumbent contractor. The procuring officer determined that omissions and ambiguities in amendments to the IFB had created confusion among the other bidders and decided to cancel the solicitation and issue a new IFB. The protester contended that the IFB as amended was not ambiguous or confusing and that, as the only responsive bidder, it should be awarded the contract. Because of the potential adverse impact on the competitive bidding system of canceling an IFB after bid prices have been exposed, contracting officers must find a compelling reason before exercising their discretionary authority in this area. GAO agreed that the ambiguities created in the conduct of the procurement constituted a compelling reason for resolicitation. Furthermore, it was determined that there was confusion within the Air Force with regard to the future of the building added to the IFB which created uncertainty as to the need for bids on the maintenance of that building during the option years of the contract. Accordingly, the protest was denied.