About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-402079.2 1 (2010-01-07)

handle is hein.gao/gaobadbda0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: Cummins Power Systems, LLC File: B-402079.2 Date: January 7, 2010 Paul A. Debolt, Esq., and Jeffery M. Chiow, Esq., Venable, LLP, for the protester. Debra J. Talley, Esq., Department of the Army, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Compelling reason existed to cancel invitation for bids (IFB) after bid opening--and protest challenging cancellation is denied--where IFB restricted competition by requiring offeror to be a certified distributor of brand name item, and agency determined that restriction exceeded its needs. DECISION Cummins Power Systems LLP protests the post-bid opening cancellation of invitation for bids (IFB) No. W15P7T-09-B-J005, issued by the Department of the Army for Onan brand engines, which are used in tactical quiet generators. We deny the protest. The IFB was issued on a brand name basis for Onan engines and limited the competition to Onan-certified distributors. IFB at 2. On September 30, 2009, the Army made award to Engineered Electric Company DBA Fermont (Fermont). Cummins challenged the award in a protest filed in our Office, arguing that Fermont was not eligible for the award because it is not a certified distributor of Onan engines. In response, the agency advised our Office that it had decided to cancel the IFB and would re-issue it without the certified distributor restriction. Cummins asserts that the cancellation is improper and that, as the sole responsive, responsible bidder under the IFB, it should receive the award. A contracting agency must have a compelling reason to cancel an IFB after bid opening due to the potential adverse impact on the competitive bidding system of resoliciting after bid prices have been exposed. Federal Acquisition Regulation

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most