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B-401498 1 (2009-09-14)

handle is hein.gao/gaobadazm0001 and id is 1 raw text is: G A 0 Comptroller General 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: OSC Solutions, Inc. File: B-401498 Date: September 14, 2009 Robert H. Koehler, Esq., and Elizabeth Gill, Esq., Patton Boggs LLP, for the protester. Kacie A. Haberly, Esq., General Services Administration, for the agency. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the cancellation of a request for quotations (RFQ) and issuance of orders on a sole-source basis to a non-profit agency under the authority of the Javits-Wagner-O'Day Act is sustained where the acquired items are not on the procurement list maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled, so that the sole-source procurement was improper and therefore the cancellation of the RFQ was not reasonable. DECISION OSC Solutions, Inc. of West Palm Beach, Florida, protests the General Services Administration's (GSA) cancellation of a request for quotations (RFQ) and subsequent sole-source award of a blanket purchase agreement to the Industries of the Blind, Greensboro, North Carolina (IBNC), for tarps. We sustain the protest. The Federal Emergency Management Agency (FEMA), Department of Homeland Security, identified an urgent requirement for 162,799 self help tarps to restock four of FEMA's distribution centers for the 2009 hurricane season. On May 18, 2009, FEMA requested that GSA purchase the tarps in accordance with certain FEMA Tarp Specifications, which identified such requirements as material, thickness, ultraviolet resistance, and packaging (each tarp was to be packaged with 2 lengths of 100-foot parachute cord). Legal Memorandum at 2; Agency Report (AR), Tab 10, FEMA Tarp Specifications. GSA's contracting officer asked IBNC and the Lighthouse for the Blind, Fort Worth, Texas (two Ability One vendors) whether they could satisfy the agency's

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