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B-295434 1 (2005-02-22)

handle is hein.gao/gaobacyza0001 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
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Total Industrial & Packaging Corporation

         File:       B-295434

         Date:       February 22, 2005

         Byron W. King, Esq., Jones, Gregg, Creehan & Gerace, for the protester.
         Steven B. Hilkowitz, Esq., Defense Logistics Agency, for the agency.
         Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency reasonably awarded noncompetitive contracts for sandbags to four qualified
         Historically Underutilized Business Zone firms to meet agency's urgent requirement
         for sandbags in support of military operations.
         DECISION

         Total Industrial & Packaging Corporation protests the noncompetitive award by
         Defense Supply Center Philadelphia, Defense Logistics Agency of contracts to C.H.K.
         Manufacturing Co. Inc.; La Pac Manufacturing, Inc.; Ampack, LLC; and Dayton Bag &
         Burlap Co., for polypropylene sandbags.

         We  deny the protest.

         Prior to the noncompetitive awards at issue here, on March 4, 2004, the agency
         issued a competitive solicitation for the sandbags, set aside for offerors that would
         manufacture the product in a Historically Underutilized Business Zone (HUBZone),
         as certified by the Small Business Administration (SBA).' On July 27, five contracts
         were awarded to HUBZone  firms, including Total, under that solicitation.! On
         August 4, a stop-work order was issued to Total after the agency learned that Total's
         subcontractor (located in Texas) for this contract, which was manufacturing the


         'In 2002, the SBA recommended that procurements of sandbags be set aside for
         HUBZone  firms.


'Total received the largest award share under the solicitation.

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