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B-400198 1 (2008-08-25)

handle is hein.gao/gaocrptawbo0001 and id is 1 raw text is: 




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



           Decision


           Matter of: Sea Box, Inc.

           File:       B-400198

           Date:       August 25, 2008

           Robert A. Farber for the protester.
           Maj. William J. Nelson, Department of the Army, for the agency.
           Paul E. Jordan, Esq., and John M. Melody, 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 was unobjectionable
           where all bids exceeded funding allocated for project, notwithstanding protester's
           challenge to validity of funding estimate and reasonableness of low responsive bid.

           2. After cancellation of solicitation, agency decision to lease storage containers
           under Economy Act, without conducting a new competition, was unobjectionable
           where lease was consistent with requirements of act and applicable regulations
           require that agency use pre-existing contract for all such leases.
           DECISION

           Sea Box, Inc., protests the cancellation, after bid opening, of invitation for bids (IFB)
           No. W912L1-08-B-0001, issued by the Department of the Army, U.S. Property and
           Fiscal Officer, Texas, for supply of dry storage containers (connexes) for units of the
           Texas Army National Guard (TXARNG).

           We deny the protest.

           The IFB contemplated the award of a fixed-priced contract for 238 20-foot connexes
           for use at local armories throughout Texas and for use by the 36' Infantry Division in
           support of brigades mobilizing for service in both Iraq and Afghanistan. This is the
           second solicitation for this requirement. The prior solicitation, a request for
           proposals set aside for small businesses, resulted in a contract in the amount of
           $624,750. Sea Box protested that award, challenging the awardee's small business
           status and its compliance with the Buy American Act (BAA). The agency took

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