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B-181478 1 (1974-12-23)

handle is hein.gao/gaobadbhu0001 and id is 1 raw text is: B-181478 OF: Barnegat Bay Dredging Co. Incorporated 1. Cancellation of IFB for maintenance dredging in Federal navigation project is not subject to question where essential condition to performance of contract--furnishing of disposal sites by State of Delaware for deposit of dredged material-- had not been effected and no funds are available. 2. Expiration of bid acceptance period alone is not notification of adverse agency action after protest against cancellation of IFB by sole bidder to agency since such expiration does not necessarily preclude award if bidder willing to accept contract. Invitation for bids (IFB) DACW61-74-B-0085 was issued on March 12, 1974, by the Department of the Army, United States Army Engineer District, Philadelphia, Pennsylvania (Army) for mainte- nance dredging in the Federal navigation project in the Indian River Inlet, Bay and Waterway from Indian River Inlet to Rehobeth Bay. Section F-11 of the IFB stated that disposal areas for the deposit of material dredged from the Indian River would be pro- vided by the State of Delaware. At bid opening on March 28, 1974, only one bidder, Barnegat Bay Dredging Co. Incorporated (Barnegat), submitted a bid. The IFB provided for a 60-day bid acceptance period which would expire on May 27, 1974. However, no award was made during this period and the IFB was canceled, according to the determination and findings of the contracting officer, as follows: The one bid received was from Barnegat Bay Dredging Co., Inc, Harvey Cedars, NJ in the amount of $89,800.00. This hid exceeded the Government Esti- mate of $73,560.00l by 22% At the time the solicita- tion was issued, the Government had every reason to

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