Information Ventures, Inc.
Highlights
Information Ventures, Inc. (IVI) protests the cancellation of solicitation No. 2006-Q-08296, issued by the Department of Health and Human Services, Centers for Disease Control and Prevention, for services in support of the Agency for Toxic Substances and Disease Registry. The protester argues that the agency cancelled the solicitation in order to avoid responding to an earlier protest that it filed objecting to the terms of the solicitation.
B-297815.2, Information Ventures, Inc., February 13, 2006
Decision
Matter of: Information Ventures, Inc.
Bruce H. Kleinstein for the protester.
Doris Gibson, Department of Health and Human Services, for the agency.
Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging cancellation of solicitation is denied where the agency withdrew funding for the procurement; lack of funding provides a reasonable basis for cancellation even if the decision to cancel was prompted by a protest concerning the solicitation, unless it is shown that the decision to withdraw funding was the result of bad faith on the agency's part.
DECISION
Information Ventures, Inc. (IVI) protests the cancellation of solicitation No. 2006-Q-08296, issued by the Department of Health and Human Services, Centers for Disease Control and Prevention, for services in support of the Agency for Toxic Substances and Disease Registry. The protester argues that the agency cancelled the solicitation in order to avoid responding to an earlier protest that it filed objecting to the terms of the solicitation.
The solicitation, issued on
A contracting agency need only establish a reasonable basis to support a decision to cancel a request for quotations. Quality Tech., Inc., B-292883.2,
IVI contends that the lack of funding is a pretext and in fact the agency cancelled the solicitation in order to avoid addressing the issues in IVI's initial protest. In this regard, we recognize that the notice posted on the FedBizOpps website announcing the cancellation states that the solicitation was cancelled due to protest. Even assuming, however, that the agency's decision to withdraw funding and cancel the solicitation was triggered by the initial protest, we fail to see any basis to conclude that the cancellation was improper. The management of an agency's funds generally depends on the agency's judgment concerning which projects should receive funding and a contracting agency has the right to cancel a solicitation when, as a result of its allocation determinations, funds are no longer available. First Enters., B-292967,
The protest is denied.
Anthony H. Gamboa
General Counsel