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B-421676.4 Dec 19, 2023 1 (2023-12-19)

handle is hein.gao/gaopqy0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE D e cisio nThe 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: Great Lakes Dredge & Dock Company, LLC File: B-421676.4 Date: December 19, 2023 Paul R. Hurst, Esq., Amba M. Datta, Esq., and Caitlin T. Conroy, Esq., Steptoe LLP, for the protester. Jason Shippy, Esq., and Aaron R. Inkenbrandt, Esq., Department of the Army, for the agency. Michelle Litteken, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's decision to cancel an invitation for bids (IFB) after bid opening and convert the IFB to a negotiated procurement is sustained. While the agency had a compelling reason to cancel the IFB when the bids received exceeded available funding, this reason for cancelation did not provide the agency with the legal authority to convert the IFB to a negotiated procurement. DECISION Great Lakes Dredge & Dock Company, LLC, of Houston, Texas, protests the cancellation of invitation for bids (IFB) No. W912BU-22-B-0009, issued by the Department of the Army, Army Corps of Engineers (Corps), for beachfill and periodic nourishment for shoreline areas in New Jersey. The protester also challenges the agency's conversion of the IFB to a negotiated procurement. We sustain the protest. BACKGROUND On January 24, 2023, the Corps issued the IFB under Federal Acquisition Regulation (FAR) part 14 for the periodic re-nourishment and placement of sand to replenish and repair the dune and berm system along the New Jersey coast, between Manasquan Inlet and Barnegat Inlet. Contracting Officer's Statement (COS) at 3; Agency Report

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