TITLE:  Native Blade, Inc., B-293886, May 20, 2004
BNUMBER:  B-293886
DATE:  May 20, 2004
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Native Blade, Inc., B-293886, May 20, 2004

   Decision
    
    
Matter of:   Native Blade, Inc.
    
File:            B-293886
    
Date:              May 20, 2004
    
David C. Holkan, for the protester.
John W. Sturges, Esq., U.S. Army Corps of Engineers, for the agency.
Sharon L. Larkin, Esq., and David A. Ashen, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
    
Protest against cancellation and resolicitation is denied where protester
furnishes no basis to question agency*s determination that original
solicitation did not accurately reflect the agency*s minimum needs; the
record indicates that the type of equipment required under the original
solicitation is significantly more expensive than the type of equipment
which suffices to meet the agency*s needs and which was specified in the
new solicitation.
DECISION
    
Native Blade, Inc. (NBI) protests the Department of the Army*s issuance of
request for quotations (RFQ) No. W912BV-04-T-0055 (RFQ-0055), for the
lease of mid-deck lawnmowers for use at the Lake Texoma recreational area
on the Oklahoma and Texas borders.
    

   We deny the protest.
    
On January 16, 2004, the Army issued RFQ No. W912BV-04-T-0031 for the
lease of *front-deck* lawnmowers.  When the agency subsequently made award
to C&S Machine, Inc. under that RFQ, NBI, which had submitted a
higher-priced quotation, protested the award on the ground that C&S had
proposed mid-deck lawnmowers, and not the front-deck lawnmowers required
by the solicitation.  Upon further review, the Army determined that
mid‑deck lawnmowers, which are significantly less expensive than
front-deck lawnmowers, suffice to meet the agency*s needs.  The agency
therefore terminated the contract for convenience and issued a new
solicitation (RFQ-0055) for mid-deck lawnmowers.  Upon notice of the
cancellation, our Office dismissed NBI*s protest as academic. 
(B‑293821, Mar. 31, 2004.) 
    
RFQ-0055, issued on March 24, 2004, requested quotations for the lease of
12 *John Deere 757 or equivalent mowers with a 60‑inch mower deck,*
i.e., mid-deck lawnmowers, for a base year with four 1-year options. 
RFQ-0055 at 4-6.  The RFQ established a response due date of March 30. 
    
On March 25, NBI protested the RFQ, contending that resolicitation, rather
than award under the original solicitation, was inappropriate.  Further,
according to NBI*s protest, the short deadline for a response to the new
RFQ and the provision in the RFQ for the first lease period to commence on
April 1 indicated that the *government is using this RFQ to obtain Sole
Source services from a known supplier,* namely the prior awardee. 
Protest, Mar. 25, 2004. 
    
NBI has furnished no basis for concluding that the Army acted improperly
with respect to the cancellation and resolicitation.  The Army explains,
and NBI does not dispute, that the prior solicitation did not accurately
reflect the agency*s minimum needs.  Similarly, the Army explains, and NBI
does not dispute, that the short response time set forth in the new RFQ is
necessary so that the agency can begin grass‑cutting in the spring
in order to timely open the Lake Texoma recreational area to the public. 
Although NBI speculates that award may ultimately be made to a particular
vendor under this RFQ, it has provided no facts showing that the Army has
acted improperly.
    
The protest is denied.
    
Anthony H. Gamboa
General Counsel