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B-405690 1 (2011-12-12)

handle is hein.gao/gaobadokd0001 and id is 1 raw text is: G A 0 Comptroller General Acc ountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: BlueStar Energy Solutions File: B-405690 Date: December 12, 2011 Jon M. Casadont, Esq., for the protester. Richard R. Butterworth, Jr., Esq., General Services Administration; and Sam Q. Le, Esq., Small Business Administration, for the agencies. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that a procurement violates the bundling provisions of the Small Business Act is denied where the record shows that all of the requirements covered by the solicitation were already being procured as a single procurement. 2. GAO will not review a procuring agency's choice of the North American Industry Classification System code to be applied to a procurement because this is a matter for review exclusively by the Small Business Administration. DECISION BlueStar Energy Solutions, of Chicago, Illinois, protest the terms of request for proposals (RFP) No. GS-OOP-1 1-BSD-0832, issued by the General Services Administration (GSA) Energy Division. This RFP contemplated the award of two contracts--one to be acquired under full and open competition and the other set aside for small business concerns--to supply electricity to a number of Federal facilities located in Illinois. The protester argues that the GSA improperly bundled the requirements included in the non-restricted portion of the solicitation, and improperly included the non-manufacturer rule in the set-aside portion of the solicitation. We deny the protest.

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