About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-219998.8 1 (1988-09-14)

handle is hein.gao/gaobadnfe0001 and id is 1 raw text is: 


      The Comptroller General
      of the United States
.     Washington, D.C. 20548

      Decision




      Matter of SAC Management, Inc.

      File:     B-219998.8

      Date:     September 14, 1988

      DIGEST

      Firm is not entitled to recover proposal preparation costs
      where it has not shown that the contracting agency acted
      improperly in canceling the solicitation.

      DECISION

      SAC Management, Inc., claims it is entitled to recover its
      proposal preparation costs as a result of the cancellation
      of request for proposals (RFP) No. DABT51-85-R-0025, issued
      by the Department of the Army as part of a cost comparison
      under Office of Management and Budget (OMB) Circular
      No. A-76 to determine whether mess attendant services at
      Fort Bliss, Texas, should be contracted out. SAC alleges
      that the changed circumstances serving as a basis for
      cancellation were the result of undue delay on the agency's
      part in conducting the procurement and that this negligence
      deprived the protester of an opportunity to have its
      proposal fairly evaluated. We deny the claim for costs.

      The RFP was issued on July 8, 1985, and initial proposals
      were received on May 8, 1986. Best and final offers (BAFO)
      were received on September 18, 1987, negotiations were
      reopened on December 22, and revised BAFOs were received on
      January 11, 1988. By letter dated May 4, the Army canceled
      the RFP stating that budgetary constraints reduced the
      agency's requirements for the solicited services and that
      these reductions were of such a magnitude that a complete
      revision of the RFP work statement would be required.
      Offerors were advised that a revised solicitation would be
      issued.

      The protester argues that the length cf time tak en between
      the various stages of this procuremenz- raises a presumption
      that the Army failed to exercise reasonable care in prepar-
      ing a solicitation which accurately refLected its needs.   in
      essence, SAC does not dispute that the significant changes
      in the scope of its recuirements noted by the Army in its





                                                        oq-3a' aPMY--

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:

Already a HeinOnline Subscriber?

profiles profiles most