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B-419528.2 May 05, 2021 1 (2021-05-05)

handle is hein.gao/gaolry0001 and id is 1 raw text is: 1O   o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                        Comptroller General
Washington, DC 20548                                  of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
Decision                           a GAO Protective Order. The entire decision has
been approved for public release.
Matter of: AE Works, Ltd.
File:     B-419528.2
Date:     May 5, 2021
Nicholas T. Solosky, Esq., Fox Rothschild LLP, for the protester.
Tyler W. Brown, Esq., and Kathleen Ellis, Esq., Department of Veterans Affairs, for the
agency.
Hannah G. Barnes, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest that agency improperly cancelled a requirement for architect-engineer services
is denied where the decision to cancel was reasonably based on agency concerns that
insufficient funds were available.
DECISION
AE Works, Ltd. (AE Works), a service-disabled veteran-owned small business
(SDVOSB) of Sewickley, Pennsylvania, protests the cancellation of request for
proposals (RFP) No. 36C24620R0134, issued by the Department of Veterans Affairs
(VA) for architect-engineer (A/E) services. The protester contends that the VA's
decision to cancel the procurement was unreasonable and not made in good faith.
We deny the protest.
BACKGROUND
Generally, in acquiring A/E services, a contracting agency must publicly announce its
requirements, evaluate the A/E performance data and qualifications statements on file
as well as those submitted in response to the announcement, and select at least three
firms for discussions without considering price. Negotiations concerning price are then
conducted with the highest-ranked firms. See OLBN Architectural Serv., Inc.,
B-402444.4, B-402444.5, Oct. 4, 2010, 2011 CPD ¶ 55. On June 10, 2020, the VA
posted a request on the beta.SAM.gov website for Standard Form (SF) 330 A/E
Qualifications statements with a due date of July 13, 2020. Agency Report (AR), Tab 3,
Request for SF-330 at 2, 7. The agency sought to award a fixed-price contract for A/E

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