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B-294338 1 (2004-10-26)

handle is hein.gao/gaocrptapog0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Greenlee Construction, Inc. File: B-294338 Date: October 26, 2004 Gary Greenlee for the protester. Sandra Balmer, Esq., General Services Administration, for the agency. Paul N. Wengert, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where agency had no basis to cancel solicitation because, notwithstanding the agency's claim that cancellation was justified because the solicitation allegedly indicated two different methodologies by which to determine the lowest-priced offer entitled to award, the agency was unable to articulate an example or methodology that would, while remaining consistent with the solicitation, establish that the protester's price was not the lowest price received. DECISION Greenlee Construction, Inc., a small business, protests the award of a contract to another offeror by the General Services Administration (GSA) under solicitation for offers (SFO) No. GS-04P-04-RBD-0015. Prior to filing the agency report, GSA announced that it intended to take corrective action by terminating the awarded contract and soliciting new offers. Greenlee then amended its protest to object to the cancellation, asserting that the agency lacked a basis to cancel the solicitation and arguing that it was entitled to the award because it had submitted the lowest- priced acceptable offer. We sustain the protest. The solicitation, issued on October 28, 2003 as a total small business set-aside, sought bids for two main elements: partition and asbestos within the Atlanta

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