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B-201688.2 1 (1981-08-06)

handle is hein.gao/gaobadjpq0001 and id is 1 raw text is: DECISION FILE: B-201688.2 MATTER OF: M( R THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: August 6, iq8i onarch Enterprises, Inc.-- econsideration DIGEST: Because agency report to GAO (furnished to protester for comment) enumerated proper bases for sustaining solicitation cancellation upon which GAO relied in prior decision, GAO did not improperly raise own bases to validate cancellation and protester had opportunity to argue its case; therefore, prior decision is affirmed. Monarch Enterprises, Inc. (Monarch), requests that we reconsider our decision in Monarch Enterprises, Inc., B-201688, June 15, 1981, 81-1 CPD 483. In that deci- sion, we held that the United States Army Corps of Engineers (Corps) properly canceled an invitation for bids after bid opening because--even though the stated basis for cancellation (ambiguous specifications) was questionable--the underlying contemporaneous reasons and subsequently advanced reasons (e.g., revised specifi- cations) supported the cancellation under the procure- ment regulations. We further held that even though the basis originally advanced may have been erroneous, a subsequently enunciated basis which would have supported cancellation had it been advanced originally is acceptable. Monarch states that our Office had no authority to change the contracting officer's basis for cancellation and, in so doing, Monarch was unfairly denied an oppor- tunity to argue the merits of the changed bases set forth in our decision. Monarch further notes that our decision ignored the fact that Monarch could not ascertain the exact reason for the cancellation because the agency considered and eventually discarded several reasons for cancellation before citing a basis (ambiguous specifications) we found to be questionable. Finally, Monarch requests that the contracting officer be asked to amend the cancellation determination to reflect proper grounds. 7- 7 ) iI, i _ , , , . _'. a.!. , -r- --_ I 'a

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