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B-201319.2 1 (1981-12-11)

handle is hein.gao/gaobadjxp0001 and id is 1 raw text is:                         iL


                                 life      THE COMPTROLLER GENEPAL
                   DECISION                OF THE UNITED       STATUS-
                                 WA            HINGTON, oC. 20548



                   rILE:   B-201319.2           DATE; Deeanber 11, 1981

                   M4ATTER OF;   Hidland Transportation Co.

                   DIGEST:

                        Cancellation of entire IFB after bid open-
                        ing because IFB contained incorrect small
                        business set-aside clause is proper where
                        competition for unrestricted portion of
                        IFB may have been distorted because of
                        inappropriate set-aside provision.

                        Midland Transportation Co, requests reconsidera-
                    tion of our decision B-201319, August 4, 1981, 81-2
                    CPD 89 denying its protest of the cancellation of
                    Air Force invitation for bids (IFB) No, F25600-80-B-
                    0072 and the issuance of IFB No, F25600-81-B-0001
                    resoliciting the same requirementr. The original
                    IFB was for packing and crating services in five
                    geographic areas, and contained several items of
                    services to be performed in each area. Certain items
                    in three areas were partially set aside for small
                    business. The Air Force canceled the first IFB and
                    resolicited the requirements because the original
                    IFB contained an improper notice of partial set-aside
                    whereas the Air Force intended to totally set aside
                    those items.

                        Our prior decisiondenied Midland's protest based
                   on our understanding that Midland was the low bidder
                   for certain set-aside items, In fact we were mistaken.
                   Midland was the low bidder on certain non-set-aside
    J              items and protested the cancellation as to those items
                   only.

                        Midland asserts that the erroneous small business
 I'               set-aside notice affected the set-aside portion of the
                   solicitation only and that only this portion should have
                   been canceled and readvertised. Midland believes that
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