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The Protester Claimed the Agency Should Have Amended, Not Canceled, the Solicitation. Why Did GAO Side with the Agency?

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The protester challenged the cancellation of a solicitation, contending that an amendment would have sufficed. GAO ruled that the agency had discretion to cancel to correct flaws in the solicitation.

Centurion Analytics, LLC, GAO B-423727.3; B-423727.4
  • Background - The agency canceled a solicitation to replace damaged headstones and markers and to restore turf. It canceled the solicitation as part of corrective action that the protester had filed. The protester then challenged the corrective action.
  • Protest - The protester's main argument was that the agency did not sufficiently document or explain the reasons for cancellation. It claimed that the agency should instead amend the solicitation and request revised quotations, or simply reevaluate the current quotations. The agency responded that it cancelled the solicitation to correct flaws in the evaluation criteria and could not reevaluate the quotations due to budget limitations and workforce constraints.
  • Conclusion - GAO found the agency's decision to ensure accurate evaluation criteria a reasonable basis for cancellation. Even if the issues could be addressed by an amendment, the agency's decision to cancel was reasonable and within its discretion.

Protester is represented by Jonathan D. Shaffer and John Tanner of Haynes and Boone, LLP. The agency is represented by Krishon Gill-Edmond of the Department of Veterans Affairs. Janis R. Millete and John Sorrenti of GAO participated in the preparation of the decision.

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