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B-401472 1 (2009-09-14)

handle is hein.gao/gaobadazb0001 and id is 1 raw text is: iL G A O Comptroller General fi.7!7 Accountabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Major Contracting Services, Inc. File: B-401472 Date: September 14, 2009 William L. Sasz, Esq., Sherman & Howard L.L.C., for the protester. Christine Choi, Esq., Department of the Army, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly extended a contract on a sole-source basis where it did not establish that only the incumbent could provide the services and the agency could have avoided the urgency that ultimately led to the sole-source award through advance procurement planning. DECISION Major Contracting Services, Inc. (MCS) of Colorado Springs, Colorado, protests the Department of the Army's sole-source extension of contract No. W911S2-08-D-3000 to DAV Prime/Vantex Service Joint Venture (DAV Prime JV) of Larue, Texas, for portable chemical toilet services at Fort Drum, New York. We sustain the protest. On March 14, 2008, request for quotations (RFQ) No. W911S2-08-T-3009 was issued as a 100-percent set-aside for Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC) to acquire portable chemical toilet services at Fort Drum, New York. The procurement was conducted using simplified acquisition procedures under Federal Acquisition Regulation (FAR) Part 13.5.' The base year of the contract was for the period from June 1, 2008 to May 31, 2009 with four 1-year 'FAR subpart 13.5 authorizes the use of simplified procedures for the acquisition of commercial supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $5.5 million.

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