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B-186615 1 (1976-11-23)

handle is hein.gao/gaobadiza0001 and id is 1 raw text is: 4 C .t\ TIS COMP1'FROLLfR tOiL$NERAL O.' DECIS!ON OF T HE LINT IC SfTATES WASHINGTON, D.C. 20540 FILE: B-186615 DATE: November q3, 1976 MATTER OF: Eastern Rotorcraft, Division of TransTechnology Corporation DIGEST: Omission from IFB of ciause required by regulation provided compelling reason for solicitation to be canceled after bid opening, since contracving.officer did not nave adequate information to establish priority for negotiation of LSA set-aside portion of IFB. Invitation for bidq CIFB) No. F41608-76-B-0379 was issued by the Department of the Air Force on March 16, 1176. The solicitation was a 1-year term, requirements-type contract for cargo tie do;;n straps for multi-aiv.:raft. The requirement was a 50-percent labor surplus area (LSA) sat-aside.. The requira& item is a qualified product under military specification MIL-T-27260B. There are six fizms on the qualified products list with four being in a labor surplub ''ea. Four bidders responded by the bid opening date of April 15, 1976. Eastern Rotorcraft, Division of TransTechnology Corporation (Eastern Rotorcraft), was the low bidder. On May 17, 1976, the procurement acttun was canceled because of the failure of the IFB o include the -equired clause contained in Armed Services Procuremen' Regularion (ASPR) § 7-2003.21 (1976 ed.), entitled Eligibility for Preference as a Labor Surplus Concern. Eastern Rotorccaft protests the cancellation of the IFB. First, Eastern Rotorcraft argues the solicitation was improperly canceled because the letter of May 17, 1976, canceling the IF3 did not contain the specific grounds for such cancellation. In this regard, the failure to provide an eplanatLon in the cancellation notice Ms been viewed by our Office-as a procedural iusaion that does not affect the validity of the canrllcZion. A. Aon Specialties Company, B-178255, Februry 25, 2974, 74-1 CPD 95.

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