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B-401890 1 (2009-12-14)

handle is hein.gao/gaobadbcg0001 and id is 1 raw text is: 


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          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:  GIBBCO  LLC

          File:        B-401890

          Date:        December  14, 2009

          Jonathan Gibb for the protester.
          Michael McCabe,  Esq., Federal Emergency Management Agency, for the agency.
          Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          1. Protest that agency improperly issued a solicitation for housing units meeting
          certain air quality standards under Federal Acquisition Regulation (FAR) subpart
          12.6 streamlined procedures for commercial items is denied, where the agency
          reasonably determined that the solicited units were commercial items.

          2. In a procurement conducted under FAR subpart 12.6 streamlined procedures for
          commercial  items, protest that agency required submission of proposals in less than
          30 days is denied, where the agency was only required to provide offerors with a
          reasonable opportunity to respond.
          DECISION

          GIBBCO   LLC of Prattville, Alabama, protests the terms of solicitation No. HSFEHQ-
          09-R-0105, issued as a commercial item acquisition by the Department of Homeland
          Security, Federal Emergency Management Agency  (FEMA), for alternative housing
          units for disaster victims. GIBBCO contends that the solicited units are not
          commercial  items and that the agency did not provide sufficient time for interested
          vendors to submit responses.

          We  deny the protest.

          The solicitation, issued as a combined synopsis/solicitation on the FedBizOpps
          website on August 19, 2009, pursuant to the Federal Acquisition Regulation (FAR)
          subpart 12.6 streamlined procedures for evaluation and solicitation for commercial

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