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B-281319 1 (1999-01-22)

handle is hein.gao/gaocrptajgd0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Eastern Technical Enterprises, Inc. File: B-281319; B-281320 Date: January 22, 1999 Michael J. Gardner, Esq., Clark & Stant, for the protester. Kenneth A. Lechter, Esq., Department of Commerce, for the agency. Susan K McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Cancellation of an invitation for bids after bid opening is proper where solicitation does not reflect changed requirements in work and award under the solicitation would not serve the government's actual needs. DECISION Eastern Technical Enterprises, Inc. protests the cancellation of invitation for bids (IFB) No. 51-EANA-8-00076, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for the drydocking and repair of NOAA Ship ALBATROSS IV. The protester's challenge is based upon the terms of the agency's resolicitation of the procurement through the issuance of request for proposals (RFP) No. 52-EANA-9-00002. Eastern contends that the RFP did not contain sufficient changes in requirements to support the agency's cancellation of the IFB. We deny the protest. The IFB was issued on July 22, 1998 to 16 firms. Three bids were received by the September 8 bid opening. Eastern's bid of $599,469 was the apparent low bid received; bids of $848,682 and $1,097,402 were received from two other firms. On September 22, the agency canceled the IFB due to changes in its requirements. The protester received notice of the cancellation on October 6. On the same day, Eastern received the RFP, the agency's resolicitation of the canceled requirement. After comparing the two solicitations' requirements, Eastern filed its current protest, contending that the changes in requirements were minor and do not support the agency's cancellation of the IFB.1 1The agency reports that the RFP also has been canceled, since insufficient time remains to conduct the procurement in light of the agency's need to include further (continued...)

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