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B-187327 1 (1977-01-27)

handle is hein.gao/gaobadejf0001 and id is 1 raw text is: 

                                  I                                        l       b



                                                                 Stesphen Barewt
                                   *4 c    Proc. I
                              -  .'   '¶ eTHE  COMPTROLLEN SENUNAL
o             DECIPION           r':.    OP   THU UNITED S¶ATES
                                      4
                                          WAUMINUTON, D. C. 2C54i



             FILE: 1-187327                     DATE: Janay 2TO 197T

             MATTER OF: Royson Engineering   Company


             DIGEST:


           1.  Free and full competition required under 10 U.S.C. 6 2305(a)
               (1970) was not achieved where only one bid from incumbent
               contractor was submitted in response'to IPB that provided
               for 15 days between issuance of IFB and bid opening, buying
               agency by mistake initially mailed IPB only to the sole
               bidder, and IFB did not clarify to other bidders material
               change in description of commodity sought in IF from
               previous procurement of mane item.

           2. While bidder may.be placed in unfavorable competitive posture
              beaauue of cance lation of IFB after bid opening, GAO will not
              question such action since contracting agency has broad authority
              to reject all bids and readvertime when compelling reason, such
              as determinatio  of unreasonable price, exists.

           3. Contracting agency may properly issue new IFB while earlier
              IFB.involvina same item is under protcst. 4 C.F.R. 6 20.4
              (1976) aid ASPR 5 2-407.8(b) (1976 ed.) only proscribe
              award prior to resolution of the protest.

           4. Once.propriety of procukement action is questioned through
              protest, GAO is obligated to consider all relevant circumstances
              including any which may not have been considered by
              contracting officer.


              By  letter dated August 23, 1976, Royson Engineering Company
           (Royson) pirotested the detertidation by the'Defense Industrial
           Supoly Center (DIC), Philadd1phia, Pennsylvania, ttat its bid
           price oninrVtation for bids (IFB) No. DSA500;6-B-3013 (IFB 3013),
           a-total small busineasset-aii., was unreasonably high.and the proposed
           caneftllation of that solicitaoa. Royson was notified of DISC's
           dctermination on or about August 23, 1976. To date, DTSC has
           neither made an award nor canceled IFB 3013.












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