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B-404340 1 (2011-01-26)

handle is hein.gao/gaobadbsg0001 and id is 1 raw text is: G A 0Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: KGL Logistics File: B-404340 Date: January 26, 2011 David C. Hammond, Esq., Amy L. O'Sullivan, Esq., Gunjan R. Talati, Esq., and Richard W. Arnholt, Esq., Crowell & Moring LLP, for the protester. Janet R. Wise, Esq., Timothy J. Ryan, Esq., and Daniel K. Poling, Esq., Department of Defense, Defense Logistics Agency, for the agency. Tracey L. King, Esq., Scott H. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Cancellation of solicitation was reasonable where record shows that agency needed to reassess its needs before proceeding with the procurement. DECISION KGL Logistics protests the cancellation of Solicitation No. SP3300-10-R-0020, issued by the Department of Defense, Defense Logistics Agency (DLA) for labor, materials, and the use of existing indoor and outdoor storage space in support of distribution support services in Kuwait. KGL contends that the agency's rationale for cancellation was unreasonable and a pretext to avoid awarding it the contract. We deny the protest. The solicitation provided for award of a contract, for a base period of 1 year with three 1-year options, for use of a contractor-owned, contractor-operated storage and distribution facility in Kuwait. KGL submitted a timely proposal in response to the solicitation. After receiving KGL's proposal, the agency notified KGL that it was the sole responsible offeror, and that, consequently, it would be required to provide cost and pricing data in support of its proposal. Initial Protest, exh. 4. On August 3, 2010, the agency notified KGL that the agency intended to revise the solicitation to add a cost-reimbursable line item for acquiring material handling equipment, which would need to be acquired in time to meet the schedule in the contemplated contract. Initial Protest, exh 5. KGL states that, in reliance on this direction, it acquired certain material handling equipment for use on the contemplated contract. On August 27, the agency informed KGL that certified cost and pricing data was required

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