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B-189985 1 (1977-12-16)

handle is hein.gao/gaobadflj0001 and id is 1 raw text is: 9 T\-THe CCMPTROLLER GENERAL DECISION. O THE UNITED BTATES WASHINCTON. D.C. 2059 C FILE: 8-189985 DATE: DXecember 16, 1977 MATTER OP: Jor B. Jolly, Inc. DIGEST:. 1. Agency's cancellation of solicitation after bid opening was proper where it was discovered at that time that item covered in solicitation was on Federal Supply Schedule from which agency was required to make purchases. 2. Cancellation of aolicitation after bid opening to purchase item under Federal Supply Schedule was proper even though dailuxrery schedule under FSS contract is longer since Government's needs would be satisfied. Jon B. Jolly, Inc. (Jolly), has protestcd the cancellation of solicitation No. NASO 7-35216 isrued by the United States Depart- mant of Commerce, National Oceshic and Atmo;pheric Administration (NOAA), after iLd .peuzing or- the subseqi.en- purchase of -he itnm covered in the solicitation from a contTactor listed on General Services Administration (GSA) Federal Supply Schedule No. OSC 6624. The record reveals that NOAA issued the instant invitation for bids (IFB) for the purchase of deep-sea reversing thermometers on July l1, 1977. After bid opening NO/A discovered through a notation on the General Oceaiics, Inc. (General Oceanics), bid that the deep-sea reversing thermometers called for in the IFB were available under an existing GSA FAderal Supply Schedule contract with General Oceanics. NOAh then canceled the solicitation and placed an order for the deep-sea reversing thermometers wtth General Oceanics under GSA contract No. GS-005-04378, item No. 6b- 276. Jolly protests the purchase of the reversing thermometers from General Oceanics because the terms of delivery specified under thu Federal Supply Schedule are nonresponsive to the IFB since the IFB called for desivery within 60 days and the Federal Supply Schedule provides for delivery within 90 days. Additionally, Jolly asserts that NOAA in effect negotiated with General Oceanics after bid opening and that the Government has no right to cancel the solicitation and refuse to make an award to the low and respon- sive bidder and then make an award to a nonresponsive bidder, GSA or otherwise. p g' I 3 u

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