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B-400312.2 1 (2009-02-05)

handle is hein.gao/gaobadasr0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Advanced Scientific Applications, Inc. File: B-400312.2 Date: February 5, 2009 Shahram Manighalam for the protester. Adele Ross Vine, Esq., General Services Administration, for the agency. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the solicitation for Federal Supply Schedule (FSS) contract is defective because it includes a standard contract cancellation clause set forth in General Services Administration (GSA) Federal Acquisition Regulation Supplement § 552.238-73, is denied where the protester has not shown that the clause exceeds the authority of the GSA in establishing FSS contracts, or otherwise conflicts with statute or regulation. DECISION Advanced Scientific Applications, Inc. (ASA), of Fullerton, California, a small business, protests the terms of request for proposals (RFP) No. FCIS-JB-980001-B, Refresh 21, by the General Services Administration (GSA). ASA argues that the RFP is defective because it includes a cancellation clause that, in the protester's view, improperly allows either party to cancel the contract on 30 days notice for no reason. We deny the protest. BACKGROUND The RFP being challenged is Refresh 21 of the solicitation for Schedule 70 of the Federal Supply Schedule (FSS), which is the general purpose information technology schedule.' GSA issued the Refresh 21 RFP, the terms of which are at issue here, on 'As is typical for solicitations for FSS contracts, the RFP for Schedule 70 is perpetually open (or standing), although from time to time the GSA issues an (continued...)

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