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B-401805,B-401805.2 1 (2009-11-04)

handle is hein.gao/gaobadbao0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: All Seasons Apparel, Inc. File: B-401805; B-401805.2 Date: November 4, 2009 Ruth E. Ganister, Esq., Rosenthal and Ganister, for the protester. Vera Meza, Esq., Department of the Army, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's cancellation of solicitation for Army combat shirts, which was set aside for Historically Underutilized Business Zone (HUBZone) small business concerns, is reasonable, where cancellation was due to disagreement between GAO and Executive Branch on interpretation of authorizing statutes for small business programs, agency was faced with threat of litigation, and another procurement vehicle was available to meet at least part of the agency's needs while the agency decides how best to meet its remaining needs. DECISION All Seasons Apparel, Inc. (ASA), of Post Falls, Indiana, a Historically Underutilized Business Zone (HUBZone) certified small business concern, protests the cancellation of request for proposals (RFP) No. W911QY-09-R-0024, issued as a HUBZone small business set-aside, by the U.S. Army Research, Development and Engineering Command, Natick Contracting Division, for Army combat shirts. We deny the protest. Prior to the RFP at issue here, the agency sought to procure Army combat shirts through a solicitation that was set aside for section 8(a) small business concerns. However, due to certain decisions issued by our Office (discussed below) that 'Section 8(a) of the Small Business Act authorizes procurements to be set aside for socially and economically disadvantaged small businesses. 15 U.S.C. § 637(a) (2006).

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