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B-183482 1 (1975-06-24)

handle is hein.gao/gaobadchc0001 and id is 1 raw text is: 0o THE COMPTROLLER GENERAL DECISION * * OF THE UNITED STATES WASHINGTON, D.C. 20548 NITOE FILE: B-183482 DATE: June 24, 1975 MATTER OF: Evergreen Helicopters, Inc. DIGEST: 1. FPR § 1-2.404-1 permits cancellation of IFB after bid opening but prior to award with subsequent rejection of all bids where there is a compelling reason for taking action of this nature; and fact that IFB was deficient with regard to appropriate small business size standard presents necessary compelling reason for cancellation and readvertisement. 2. No basis for legal objection to procurement set aside for small business, since set aside was in accordance with FPR § 1-1.706-1(c). On January 22, 1975, the Bureau of Land Management, United States Department of the Interior (Interior), issued invitation for bids (IFB) No. DSC-75-269, Aerial Herbicide Spraying for the Salem, Oregon, District. Bids were opened February 13, 1975, with Evergreen Helicopters, Inc. (Evergreen), as the apparent low bidder. However, on February 26, 1975, Interior was informed through a congressional source that Corvallis Aero Service had registered a complaint about the IFB and that it felt that Ever- green should not be considered as a small business concern. The IFB in question had been totally set aside for small business and the IFB contained Bureau Form 1510-22a, Special Pro- visions, of which Clause No. 2 is Notice of Total Small Business Set-Aside. Paragraph (b) of the clause set the small business size standard at 500 employees or less. Interior subsequently - 1 -

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