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B-310737.3 1 (2008-04-15)

handle is hein.gao/gaocrptavxr0001 and id is 1 raw text is: A G A O 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. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: Native American Industrial Distributors, Inc. File: B-310737.3; B-310737.4; B-310737.5 Date: April 15, 2008 Lee P. Curtis, Esq., Anthony L. Steadman, Esq., and Troy E. Hughes, Esq., Perkins Coie LLP, for the protester. James L. Weiner, Esq., Department of the Interior, for the agency. William K. Walker, Esq., Walker Reausaw, for Chenega Federal Systems, LLC, an intervenor. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency unreasonably made award of a contract under a Buy Indian Act set-aside because there are no American Indians holding management positions in the company is denied where the solicitation did not impose a specific test for eligibility for award, and the agency reasonably interpreted the Buy Indian Act as allowing the company to qualify for award, since the company is a wholly-owned subsidiary of an Alaska Native Corporation pursuant to the Alaska Native Claims Settlement Act. 2. Protest that agency improperly selected for award proposal that failed to provide letters of commitment for key personnel is sustained where solicitation specifically required offerors to submit letters of commitment for all key personnel. DECISION Native American Industrial Distributors, Inc. (NAID), a small business, protests the award of a contract to Chenega Federal Systems, LLC, by the Department of the Interior, Bureau of Indian Affairs (BIA), under request for proposals (RFP) No. RBKO0070010 for information technology infrastructure services. NAID objects that the contract award was improperly made to a firm that does not meet the requirements of the Buy Indian Act, 25 U.S.C. § 47, and that the agency overlooked the omission of required letters of commitment from the Chenega proposal that should have rendered the proposal unacceptable. We sustain the protest.

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