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G A 0Comptroller General
KA Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: FitNet Purchasing Alliance
File: B-400553
Date: September 24, 2008
Raul Espinosa for the protester.
Maj. Timothy A. Furin, Department of the Army, for the agency.
Paul N. Wengert, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest alleging solicitation impropriety is dismissed as untimely where protest was
not considered to have been filed with GAO until after the time set for receipt of
quotations.
DECISION
FitNet Purchasing Alliance, a small business, protests the terms of request for
quotations (RFQ) No. W912TF-08-T-0025, issued by the Department of the Army, for
exercise room equipment. FitNet argues that the agency's issuance of this
solicitation reflects unfair procurement practices. More specifically, FitNet asserts
that the agency's issuance of this solicitation reveals that the Army's cancellation of
an earlier RFQ for the same equipment (W912TF-08-T-0016) was improper, and
maintains that the earlier RFQ should be reinstated and the new RFQ canceled.
We dismiss the protest.
In April 2008, the agency issued RFQ No. W912TF-08-T-0016, seeking quotations for
exercise room equipment. In May, a contract was awarded to an offeror other than
FitNet and, thereafter, FitNet filed a protest challenging the size status of the
awardee. Thereafter, the agency cancelled the prior procurement, stating that funds
were no longer available to complete the purchase and advising FitNet that, [i]f](ViewImageLocal?handle=hein.gao/gaobadaow0001&div=1&collection=&method=preview&ext=.png&size=3)