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B-298883,B-298883.2 1 (2006-12-13)

handle is hein.gao/gaobaczrp0001 and id is 1 raw text is: 


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         G    A     0Comptroller General
KA     Accountability * Integrity * Reliability                     of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Management  Solutions, L.C. d/b/a EssTech Engineering

         File:       B-298883; B-298883.2

         Date:       December  13, 2006

         Donald A. Stadtler for the protester.
         Brian E. Toland, Esq., U.S. Army Materiel Command, for the agency.
         Edward  Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Cancellation of request for proposals (RFP) was reasonable where, after issuance of
         the RFP, the agency determined that it was required to satisfy its requirement from
         Federal Prison Industries under Federal Acquisition Regulation § 8.602.
         DECISION

         Management  Solutions, L.C. d/b/a EssTech Engineering protests the cancellation of
         request for proposals (RFP) No. W52HO9-06-R-0314, issued by the Department of the
         Army, U.S. Army Materiel Command, for 809 indicator control subassemblies.
         Management  Solutions argues that the agency did not have a reasonable basis for
         canceling the solicitation and also challenges the agency's concurrent decision to
         obtain the requirement from Federal Prison Industries, Inc. (FPI), arguing that the
         RFP  instead should have been set aside for Historically Underutilized Business Zone
         (HUBZone)  small businesses.

         We  deny the protest.

         On May  11, 2006, the Army issued the RFP as a small business set-aside, with a
         closing date of June 13. Prior to the closing date, Management Solutions sent the
         contracting officer several e-mail messages requesting that the solicitation be set
         aside for HUBZone small businesses. As a consequence of those requests, the
         contracting officer amended the RFP's closing date and issued a sources sought

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