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B-401051 1 (2009-04-15)

handle is hein.gao/gaobadaux0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: Optimum Services, Inc. File: B-401051 Date: April 15, 2009 Edward Kinberg, Esq., Tracey L. Vore, Esq., and R. Brent Blackburn, Esq., Kinberg & Associates, LLC, for the protester. Steven Reed, Esq., and Douglas Hibshman, Esq., Smith, Currie & Hancock LLP, for Westwind Contracting, Inc., an intervenor. Emily E. Parkhurst, Esq., National Park Service, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency acted reasonably when it terminated protester's contract for convenience and cancelled the underlying solicitation where the solicitation's maximum estimated quantities and maximum ordering values did not reflect the agency's requirements due to a reduction in program funding. DECISION Optimum Services, Inc. of Okeechobee, Florida protests the decision by the Department of the Interior, National Park Service (NPS), to cancel request for proposals (RFP) No. N5297080232 for land restoration and clearing services in Everglades National Park, Florida. Optimum alleges that the agency did not have a reasonable basis to cancel the solicitation. We deny the protest. The RFP, issued on June 16, 2008, contemplated the award of an indefinite- delivery/indefinite-quantity contract with a 1-year base period plus four 1-year options for ecological restoration services within Everglades National Park. For each year, the RFP included a contract pricing schedule, which set forth contract line item numbers (CLIN) for specific tasks. For each CLIN, offerors were required to propose fixed prices for identified minimum and maximum estimated order quantities. The RFP provided that the government would order, at a minimum, $2 million worth of services under the contract; the total dollar value per order would not exceed $24 million; the total dollar value of all orders for the base year

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