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B-191604 1 (1979-02-16)

handle is hein.gao/gaobadgyg0001 and id is 1 raw text is: 






                             THE  COMPTROLLER GENERAL
 DECISION        .   y /  . OF   THE    UNITED      BTATES
                        V.   WASHINGTON, D. C. 20549




FILE:   B-191604                    DATE:    February 16, 1979

MATTER OF:       Scona, Inc.


DIGEST:

     Claim for bid preparation costs on basis that agency
     should have known before bid opening that IFB would
     have to.be canceled because of reprogramming of funds
     is without merit. Recoid does not show that agency
     officials were aware before bid opening that IFE
     would have to be canceled.

     Scona,&Inc., protests th opening of bids under;Invitation
for Bids (IFB) No.>BIAl15O478-5 dated January 30, 1978, issued
by the Biehu  of IndianAfftirs (BIA), Albuquerque,New Mexico,
for extending Warious watering lines to-stock watering tro n'ghs
in areas surrounding Whitecone, Arizona. Scona submitted the
only bid on March 2, 1978, for $183,000. However, on March-28,
Scona received notice from BIA's project office that the IFB
would be canceled because funds for the project had been alloted
to another project. Scona then protested here, and the IFB was
canceled.

    jThe record shows that thdprogram funds:toutof which the
instant pr6ject wasitobe fuded  were reprogrammedlin order to
provide funds for anothier project in accordance with a determi-
nation made by the Assistant; Seretary, Indian Affairs,' ,and.
communicated to the project officer responsible for contrting
with-Scona by teletj e on February 17. The Assistant Secretary
did not instruct the2project officer to cancel the instant IFB
but only to suibmit appropriate changes in his financial program
so that the other project could be funded. As a.result the
instant project was canceled. It is reported that this project
will be done in segments by Government force account personnel
as funds are available.

  .(Snitially  Scona protest d the validity of the IFB cancel-
lation, contending that it should have received an award.
However, Scona no longer questions BIA's determination to
reprogram its funds for purposes other than an award under this
solicitation.  Rather, Scona contends that BIA knew-before bid
opening that the IFB would have to be canceled but opened bids


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