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B-401524.2 1 (2010-01-12)

handle is hein.gao/gaobadbde0001 and id is 1 raw text is: JiL AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: JRS Management File: B-401524.2 Date: January 12, 2010 Jacqueline Sims for the protester. Dionis M. Gauvin, Esq., and David E. Erlewine, Esq., Bureau of Prisons, for the agency. Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that requirements contracts issued under challenged solicitation will lack consideration is denied where it is clear from the solicitation that each resulting contract will include the requisite consideration to form an enforceable contract. DECISION JRS Management, of Lawrenceville, Georgia, protests the terms of solicitation No. 61611-0001-9, issued by the Department of Justice, Federal Bureau of Prisons, for dental assistant and pharmacy technician services for the Federal Correctional Complex in Victorville, California. JRS asserts that the solicitation is defective because it reserves to the agency the right to award two requirements-type contracts, which JRS contends would render illusory the consideration necessary for an enforceable requirements contract. We deny the protest. 1JRS also alleged that the agency's estimate of the quantity of dental assistant services required was overstated, inaccurate, and unreasonable. The GAO attorney assigned to the protest conducted outcome prediction alternative dispute resolution with the parties on December 28, 2009, during which he informed the parties that the protestor's challenge to the agency's estimate was likely to be sustained, due to errors in the agency's calculations. The attorney also informed the parties that, for the reasons set forth in this decision, the agency's selection of a requirements-type contract, or contracts, for the acquisition was unobjectionable. On December 30, the (continued...)

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