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B-189196 1 (1977-11-16)

handle is hein.gao/gaobadfhy0001 and id is 1 raw text is: THU COMPThOLLER WNKWRAL DECISION . Ctz4. OP THE UNITED UTATEE WASHINGTON. 0. 0. 50548 E mjtP FPILE: 5-189196 DATE; November 16, 1977 MATTER OF; Hepper Oil Company DIGEBT: 1. Protest against cancellation of olicitation filed just before expiration of what would iave been 18-month contract period is academic and untimely under Bid Protest Procedures rnd Standards. 2. No objection is taken to using activity's reques ithat procuring activity cancel certain items in solicitation bef're award in' order tc procure fuel oil from Indiin-owntd firm under Buy Idian Act (25 U.S.C. I 47 (1970)) since requirimients were intended to be 3o procured and inadvertent administrative error caused inclu- sion of requirements in solicitatton. Also, because of erroneous inclusion of requirements in solicitation, unt'3r procurement regulatiuns, cancellation would be warranted. By letter received on May 26, 1977, Hepper Oil Company protests the cancillatlon of invitations for bid3 (IFB) Nea. DSA600-76-B-1006 and DSA600-77-B-0006 issued by the Defense Funl Supply Canter (DFSC), Alexandria, Virginia. FB -1006 was issued on October 1,,1975. Bids were opened on November 11, 1975. The period of performance -was January 1, 1976, through May 31, 1977. On February 4, 1976, the using activity, the Department of the;Interior, Bureau of Indian Affairs (BIA), advised DFSC oUits intent to' award 1everal of the requirements to the'B&B Oil Company under the 'Buy Indian Act, 25 U.S.C. 5 47 (1970). In addition, BIPI/requested cancellation of various items already under contract ailt cancellation of items not yet awarded. DFSC'refused to cancel. ongoitng contract items but withheld award of the oiher items. During the contract period which .taed in May 1977 the items were locally purchased by the activity. .(Therefore, any questions under this solicitation are acadenic. Furthermore, VIe fact that this protest was not filed until just before the expiration of what would have been an 18-month contract term renders ic untimely ~- L~......--41--

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