OPA Appeal No. BP-A009 (PSS IFB 97-005 Procurement of 118 AC Units for Marianas High School) in RE Appeal of JWS Air Conditioning & Refrigeration, LTD.

Summary

Appeal by bidder on IFB for air conditioning units for PSS alleging improper bidding procedures. Held: OPA has jurisdiction over all issues raised on appeal so long as jurisdiction exists over some claim, even if not all claims were raised at protest; bid specifications should include minimum requirements necessary to meet the needs of the government; specifications must promote competition and may include restrictive requirements only where necessary; cannot materially alter specifications after bidding without allowing amended bids; responsiveness of bids must be determined from bids themselves and cannot be supplemented by bidders; responsibility of bidders may be ascertained by information outside of bids AFTER a determination of responsiveness; cancellation of an IFB is appropriate where an award under such IFB would not satisfy the actual minimum needs of the government.