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B-283887 1 (2000-01-19)

handle is hein.gao/gaocrptakyr0001 and id is 1 raw text is: i -e GeAtOa E Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: National Projects, hie. File: B-283887 Date: January 19, 2000 George D. Ruttinger, Esq., Ariel R. David, Esq., and Joseph W.C. Warren, Esq., Crowell & Moring, for the protester. Eric L. Wilson, Esq., Hensel Phelps Construction Co., and John E. Daniel, Esq., Morgan, Lewis & Bockius, for Hensel Phelps Construction, Co., an intervenor. Lloyd R. Crosswhite, Esq., and Barbara Bear, Esq., U.S. Army Corps of Engineers, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Determination to cancel invitation for bids after bid opening is unobjectionable where all bids exceeded the funding allocated for the project, irrespective of any dispute concerning the validity of the government estimate or the reasonableness of the price of the low responsive bid. 2. Protest that agency conducted flawed discussions by not informing the protester that its prices were too high is denied where the agency was not required to do so and the record shows that the agency's conduct of discussions was consistent with the regulatory requirement for discussions. DECISION National Projects, Inc. (NPI) protests the cancellation after bid opening of invitation for bids (IFB) No. DACA63-99-B-0030, issued by the U.S. Army Corps of Engineers, Fort Worth District, for construction of a railhead at Fort Hood in Texas. NPI, the low bidder under the IFB, maintains that the agency had no compelling reason to cancel and convert the IFB to a negotiated procurement. NPI also argues that the subsequent discussions were flawed. We deny the protest.

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