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B-297815.2 1 (2006-02-13)

handle is hein.gao/gaocrptasnu0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Information Ventures, Inc.

          File:        B-297815.2

          Date:        February 13, 2006

          Bruce H. Kleinstein for the protester.
          Doris Gibson, Department of Health and Human Services, for the agency.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest challenging cancellation of solicitation is denied where the agency withdrew
          funding for the procurement; lack of funding provides a reasonable basis for
          cancellation even if the decision to cancel was prompted by a protest concerning the
          solicitation, unless it is shown that the decision to withdraw funding was the result
          of bad faith on the agency's part.
          DECISION

          Information Ventures, Inc. (IVI) protests the cancellation of solicitation No.
          2006-Q-08296, issued by the Department of Health and Human Services, Centers for
          Disease Control and Prevention, for services in support of the Agency for Toxic
          Substances and Disease Registry. The protester argues that the agency cancelled the
          solicitation in order to avoid responding to an earlier protest that it filed objecting to
          the terms of the solicitation.

          We deny the protest.

          The solicitation, issued on December 22, 2005, called for various services in support
          of peer review activities by the agency, such as planning services related to peer
          review and other expert panels, and identifying and establishing contractual
          relationships with expert consultants. On January 3, 2006, IVI filed a protest arguing
          that the agency should have issued the solicitation as a total small business set-aside.
          We subsequently dismissed the protests as academic after the agency advised, by
          letter dated January 10, that the solicitation had been canceled. IVI then protested
          the cancellation, arguing that the agency had cancelled the solicitation to avoid

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