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B-403012.2,B-403012.3 1 (2010-10-21)

handle is hein.gao/gaobadbod0001 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 redacted version has been approved for public release. Decision Matter of: Ferris Optical File: B-403012.2; B-403012.3 Date: October 21, 2010 DECISION Ferris Optical of Chatworth, California protests the issuance of a purchase order to db Hadley & Associates LLC (Hadley) of Venice, Florida, under request for quotations (RFQ) No. VA-262-10-RQ-0107, issued by the Department of Veterans Affairs (VA) for eyeglass services. The protester argues that Hadley is ineligible for award because Hadley lacks the required experience, cannot satisfy the RFQ limitation on subcontracting requirement, does not qualify as a nonmanufacturer of eyeglasses, and its offered price was unreasonably low. Additionally, the protester challenges the agency's evaluation of its quotation. Subsequent to the filing of this protest, on September 24, 2010, the Small Business Administration (SBA) issued a decision that Hadley was not a small business concern and thus was ineligible for award under this solicitation. As a result of the SBA's decision, the VA decided to terminate for convenience the award to Hadley. Corrective Action Letter, Oct. 8, 2010. The VA states that, since there were no other technically acceptable quotations, it decided to cancel the solicitation. Id. Specifically, with regard to Ferris' quotation, the agency states that the quotation was unacceptable because the firms' opticians were not licensed. Agency Report at 7-8. We dismiss the protests because the agency is terminating the awardee's contract and canceling the solicitation. The jurisdiction of our Office is established by the bid protest provisions of the Competition in Contracting Act of 1984, 31 U.S.C. §§ 3551-3556 (2000 & Supp. IV 2004). Our role in resolving bid protests is to ensure that the statutory requirements for full and open competition are met. Pacific Photocopy and Research Servs., B-278698, B-278698.3, Mar. 4, 1998, 98-1 CPD ¶ 69 at 4. When an agency terminates an awardee's contract and cancels the solicitation, the agency action renders a protest of that award academic. We do not consider

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