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B-422568.2 Aug 14, 2024 1 (2024-08-14)

handle is hein.gao/gaoqsd0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Hamilton Pacific Chamberlain, LLC File: B-422568.2 Date: August 14, 2024 P. Sean Milani-nia, Esq., and David Timm, Esq., Fox Rothschild LLP, for the protester. Brian R. Reed, Esq., Department of Veterans Affairs, for the agency. Heather Weiner, Esq., Dylan T. Silver, and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not an interested party to challenge agency's cancellation of solicitation where protester's bid was properly rejected as ineligible for award. DECISION Hamilton Pacific Chamberlain, LLC (HPC), a service-disabled veteran-owned small business (SDVOSB) of Waldorf, Maryland, protests the cancellation of invitation for bids (IFB) No. 36C25723BOO61, issued by the Department of Veterans Affairs (VA) for the installation of new air handler units at the VA Medical Center in Amarillo, Texas. The protester contends that the VA did not have a compelling reason to cancel the procurement after opening bids and awarding the contract. We dismiss the protest. BACKGROUND The IFB was issued as a set-aside for SDVOSB concerns. Agency Report (AR) Exh. 2, IFB at 1. After bids were opened, the VA determined that although HPC was the lowest bidder, it was not a small business under the relevant North American Industry Classification System (NAICS) code. Contracting Officer's Statement (COS) at 1. The agency awarded the contract to the next lowest bidder. Id. HPC subsequently filed a protest with our Office, contesting the award of the contract and the agency's size determination. The agency reviewed the IFB in response to the protest and found that the solicitation was missing mandatory language from Veterans Affairs Acquisition Regulation (VAAR)

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