Skip to main content

Protest Involving Solicitation Cancellation

B-195267 Published: Feb 11, 1980. Publicly Released: Feb 11, 1980.
Jump To:
Skip to Highlights

Highlights

The issue addressed was a previous decision by GAO, dismissing the protests raised by a firm as academic because the solicitor had canceled the solicitation. The firm had protested that the solicitor was procuring for the repair and maintenance of electrical substations on a sole-source basis. As a result of the firm's protest, the solicitor decided to cancel the solicitation and to reprocure for the required services on a competitive basis. Despite the corrective action, the firm wanted GAO to decide whether the solicitor should set aside all similar procurements for exclusive participation by small businesses and whether the solicitor used the correct size standard in the canceled solicitation. In order for GAO to consider a protest, consideration is given to the nature of issues raised and to the direct or indirect benefit or relief sought by the protester. When the solicitation was canceled by the agency, those issues raised in protest were rendered academic. The firm's interest in possible similar future procurements was too remote to ensure that the issues would be brought into sharp focus. With regard to the protest involving the correct size standard, the initial determination of the appropriate classification of a product or service being procured was made by the contracting officer with the right of appeal to the Small Business Administration (SBA) Size Appeals Board. Accordingly, should the firm find fault with the soliciting agency in future procurements, the firm should protest such actions in a timely manner to the agency or GAO in accordance with Bid Protest Procedures, and should the firm disagree with the size standards used in future procurements, appeal should be made to the SBA.

Full Report

Office of Public Affairs

Topics

Independent regulatory commissionsProcurement cancellationProcurement practicesQualified products listResolicitationSolicitation cancellationBid solicitationsBid evaluation protestsSmall businessFederal regulations