Protests Against Cancellation of Outstanding Negotiated Request for Proposals

The protesters objected to the agency's cancellation of a negotiated request for proposals for janitorial services, contending that the agency's decision to cancel the solicitation was inconsistent with a prior GAO decision that an improperly awarded janitorial service contract need not be cancelled. Unlike the earlier case, no award had been made under the subject solicitation at the time when the conclusions in that case were publicly made known. An illegal award would, in all likelihood, result if an award were made under the subject solicitation. The statutory list of exceptions which permit use of negotiated procurement methods did not include the desirability of an incentive-type contract as an exception permitting negotiation. Therefore, the agency could not justify negotiation for the required janitorial service by citing its need for or desirability of an incentive-type contract.