MGM Computer Systems, Inc.—Reconsideration (B-422741.2)

You should not care.

Category: Reconsideration, canceled solicitation,

Date: 18 February 2025

URL: https://www.gao.gov/products/b-422741.2

MGM Computer Systems, Inc., a service-disabled veteran-owned small business (SDVOSB), requested reconsideration of GAO’s prior decision denying its protest of VA's cancellation of an RFQ for a patient elopement wander management system at the VA Central California Healthcare System. MGM argued that GAO’s decision contained errors of fact and law, but GAO found no basis to revise its ruling:

• Agency discretion in cancellation: GAO reaffirmed that agencies have broad discretion to cancel solicitations if a reasonable basis exists, including a lack of available funding. The VA had only $110,000 in funding, while MGM’s lowest revised price was $248,174.
• No factual or legal errors: MGM claimed the VA’s IGCE failed to account for changes in requirements, but GAO ruled that funding availability, not cost estimates, justified the cancellation.
• Repetitive arguments: GAO rejected MGM’s reconsideration request because it merely repeated prior arguments and failed to present new facts or legal errors that would warrant modifying the decision.

Protest denied. GAO upheld its prior decision, confirming that the VA reasonably canceled the solicitation due to insufficient funding and that MGM’s reconsideration request failed to meet the legal standard for review.

Digest

Request for reconsideration is denied where the requester has not shown that our prior decision contained either errors of fact or law or information not previously considered that warrants reversal or modification of the decision.