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B-292967 1 (2004-01-07)

handle is hein.gao/gaobacynl0001 and id is 1 raw text is: Il im G A 0Comptroller General .. ..Accountability * Integrity Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: First Enterprise File: B-292967 Date: January 7, 2004 Sam Z. Gdanski, Esq., for the protester. Kenneth B. MacKenzie, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Determination to cancel invitation for bids after bid opening is unobjectionable where the bids exceeded the funding allocated for the construction project, irrespective of any dispute concerning the validity of the government estimate. DECISION First Enterprise protests the cancellation after bid opening of invitation for bids (IFB) No. 600-249-03RT, issued by the Department of Veterans Affairs (VA) for the construction of a prosthetic and eye clinic center as part of the VA Greater Los Angeles Healthcare System, Los Angeles, California. First Enterprise, the bidder in line for award under the IFB, maintains that the agency had no compelling reason to cancel and convert the IFB to a negotiated procurement. We deny the protest. The solicitation, issued on August 6, 2003 as a Small Business Administration (SBA) 8(a) set-aside, contemplated the award of a fixed-price contract. The IFB required 'Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) (2000), authorizes the SBA to enter into contracts with government agencies and to arrange for performance through subcontracts with socially and economically disadvantaged small business concerns. These subcontracts may be awarded on a competitive or noncompetitive basis. See Federal Acquisition Regulation (FAR) § 19.800.

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