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B-400403 1 (2008-10-08)

handle is hein.gao/gaobadapk0001 and id is 1 raw text is: im G A 0Comptroller General WAf Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Delex Systems, Inc. File: B-400403 Date: October 8, 2008 Pamela J. Mazza, Esq., Isaias Alba, IV, Esq., and Jonathan T. Williams, Esq., PilieroMazza PLLC, for the protester. Duncan Butts, Esq., and Julie Griffiths, Esq., Department of the Navy, for the agency. John W. Klein, Esq., and Laura M. Eyester, Esq., for the Small Business Administration. Paula A. Williams, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The set-aside provisions of Federal Acquisition Regulation (FAR) § 19.502-2(b) apply to competitions for task and delivery orders issued under multiple-award contracts. 2. Protest is sustained where agency failed to comply with the set-aside provisions of FAR § 19.502-2(b), when issuing, on an unrestricted basis, the solicitation for a delivery order under multiple-award contracts. 3. Protest alleging that agency erred in concluding that it had no reasonable expectation of receiving offers from two small businesses is sustained where the record shows that the agency's set-aside determination is not adequately supported by the record. DECISION Delex Systems, Inc. protests the terms of delivery order proposal request (DOPR) No. N61339-08-R-0035, issued by the Department of the Navy, Naval Air Systems Command (NAVAIR) for its general aviation training products (GATP) program. 'The GATP program is for the production and delivery of technical training products such as on-line training courses, web-based training, interactive courseware and (continued...)

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