TITLE:  Surgi-Textile, B-289370, February 7, 2002
BNUMBER:  B-289370
DATE:  February 7, 2002
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Decision

Matter of: Surgi-Textile

File: B-289370

Date: February 7, 2002

Dave Dyar for the protester.

Michael K. Cameron, Esq., Immigration and Naturalization Service, for the
agency.

Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of General
Counsel, GAO, participated in the preparation of the decision.

DIGEST

Cancellation of request for quotations for detainee uniforms was reasonable
where solicitation did not contain adequate specifications to provide
potential vendors a common basis upon which to compete, or set forth the
agency's actual needs.

DECISION

Surgi-Textile protests the post-award cancellation of request for quotations
(RFQ) No. ACB-2-Q-0023, issued by the Department of Justice, Immigration and
Naturalization Service (INS), for uniforms for detainees housed at the Krome
Detention Center, Miami, Florida. The agency canceled the RFQ and
Surgi-Textile's purchase order after determining that the specifications
were deficient.

We deny the protest.

The RFQ, issued November 9, 2001, requested quotations for new, commercial
detainee uniforms "to comply with detention standards for [INS] detainees
housed at Krome . . . ," but did not set forth detailed fabric
specifications. RFQ at 1. The agency received 20 quotations by the November
15 due date. Surgi-Textile submitted the low-priced quote and the agency
issued a purchase order to the protester on November 20. Shortly thereafter,
however, the contracting officer discovered that some vendors had quoted
prices for 4.5-ounce fabric, while others priced 7.5-ounce fabric. Agency
Report (AR) at 2. Because the quotations were not based on the same fabric
weight, the agency canceled Surgi-Textile's purchase order. Following award,
and then cancellation, of a second purchase order to another vendor, the
contracting officer canceled the solicitation on the basis that the
specifications did

not adequately define the requirement. AR, Contracting Officer's Statement
at 1. Specifically, while the RFQ referred to INS "detention standards," it
did not specify these standards, for example, fabric thickness or grade,
stitching requirements, colorfast properties, style or sleeve length. The
agency has undertaken a reevaluation of its needs. AR attach. 4, at 1.

Surgi-Textile argues that the cancellation was improper because the
government routinely procures commercial items without providing detailed
specifications, and it quoted a commercial item that met the standards
specified in the RFQ.

A contracting agency need only establish a reasonable basis to support a
decision to cancel an RFQ. USA Elecs., B-283269.2, Oct. 5, 1999, 99-2 CPD para.
67 at 3. A reasonable basis exists where the RFQ fails to provide sufficient
detail to allow vendors to compete intelligently and on a relatively equal
basis, or to adequately describe the agency's minimum needs. See American
Overseas Book Co., Inc.,
B-276675, July 10, 1997, 97-2 CPD para. 12 at 2. Where this is the case, the RFQ
should be revised and new quotes solicited to ensure that all firms are
afforded an equal opportunity to compete based on the same set of
requirements. Id.

INS's decision to cancel and resolicit was reasonable, because the
solicitation did not provide vendors with a common basis upon which to
compete. Specifically, the RFQ provided no information on various vital
fabric characteristics, including fabric weight, and different vendors
interpreted "detention standards" differently, such that the prices received
did not provide a valid basis for determining which quotation would allow
the agency to meet its needs at the lowest price. Further, the record
indicates that, while the agency reportedly is reassessing its needs, it has
determined that the 4.5-ounce fabric on which Surgi-Textile's price was
based does not meet its needs. In this regard, the contracting officer
states that he has forwarded samples of the protester's fabric to Krome, and
that the facility has indicated that the fabric "is not of a weight
consistent with, and suitable for, use in detainee uniforms. . . . The INS
requires a fabric that is much more durable and has a longer life cycle, and
is currently rewriting its requirement." AR at 2. Under these circumstances,
the agency properly canceled the RFQ in favor of a new competition based on
an accurate statement of its needs.

Surgi-Textile claims that the agency had every opportunity to fix the RFQ
prior to the quotation due date, when it asked agency personnel for the
"particulars" of the product. However, a procuring agency's failure to
correct a solicitation deficiency before disclosure of prices and issuance
of a purchase order does not preclude it from subsequently canceling the
solicitation to correct the defect. American Overseas Book Co., Inc., supra,
at 3.

The protest is denied.

Anthony H. Gamboa

General Counsel