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B-292380 1 (2003-07-30)

handle is hein.gao/gaobacyjn0001 and id is 1 raw text is: 


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         G    A     0Comptroller General
 -   -Accountability * Integrity * Reliability                      of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter  of: American Artisan Productions, Inc.

         File:       B-292380

         Date:       July 30, 2003

         Arthur L. Friedman for the protester.
         Alton E. Woods, Esq., and Jeanne A. Anderson, Esq., Department of the Interior, and
         John W. Klein, Esq., and Gene Marie M. Pade, Esq., Small Business Administration,
         for the agencies.
         Sharon L. Larkin, Esq., and Jerold D. Cohen, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         1. Agency properly imposed bond requirement in solicitation for the design,
         fabrication, and installation of exhibits, despite the fact that it may restrict
         competition, where agency reasonably determined that bonds were necessary to
         ensure timely completion of project and to protect the government from losses that
         would result from contractor default.

         2. Agency's determination not to set aside procurement for small businesses was
         proper where agency reasonably concluded--based on market surveys and
         concurrence of the Small Business Administration--that it could not expect to
         receive proposals from at least two responsible small business offerors at fair
         market prices.
         DECISION

         American Artisan Productions, Inc. (AAP), protests the terms of request for
         proposals (RFP) No. NDR030034, issued by the Department of the Interior, Bureau of
         Land Management  (BLM), for the design, fabrication, and installation of exhibits for
         two Interpretive Centers in Montana. AAP contends that the RFP, issued as an
         unrestricted solicitation, should have been set aside for small businesses, and that
         the bid and performance bond requirement restricts small business competition and
         is unnecessary.


We deny the protest.

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