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Cancellation Of RFP Upended

Aug.18.2005

In Rand & Jones Enters. Comp., Inc. (Aug. 4, 2005 http://www.gao.gov/decisions/bidpro/296483.htm), GAO held that Veterans Affairs lacked a reasonable basis for canceling an RFP when the cancellation was based on no technical evaluation factors in the RFP and the agency intended to issue an IFB for the same requirement. Both the RFP and IFB would be based on the same evaluation factor (price), no evidence suggested that the government or the integrity of the procurement system would be prejudiced if the RFP were not cancelled, and the low offeror would be prejudiced by recompetition since its low price had previously been disclosed publicly.

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Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695
Email: rclaybrook@crowell.com