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B-405688 1 (2011-12-09)

handle is hein.gao/gaobadoke0001 and id is 1 raw text is: SG A 0 Comptroller General ,,Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Encompass Group LLC File: B-405688 Date: December 9, 2011 Ken Tyler, Encompass Group, LLC, for the protester. P. Russell Wong, Esq., Department of Health and Human Services, for the agency. Mary G. Curcio, Esq., and David. A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that combination of two requirements under single solicitation constituted improper bundling under Small Business Act is denied where the requirement was set aside for award to a small business, there was expression of interest by small businesses, and the agency in fact received offers from two small businesses. DECISION Encompass Group LLC, of Chicago, Illinois, protests the terms of solicitation No. NIHCL2011-096, issued by the Department of Health and Human Services for items needed for patient care at the Clinical Center, Edmund Safra Family Inn, and the Children's Inn at the National Institutes of Health Clinical Center in Bethesda, Maryland. Encompass asserts that the solicitation impermissibly bundles the linen requirement in a manner that precludes performance of the work by a small business in contravention of the requirements of the Small Business Act. Encompass further argues that the agency is improperly using a reverse auction to conduct the procurement. We deny the protest. The solicitation, a 100-percent small business set-aside, seeks proposals to provide under a fixed-price, requirements contract, numerous items required for patient care, including sheets, pillow cases, towels, bathrobes, scrubs, and bath mats. Solicitation, Att. 1. Encompass asserts that the agency is improperly bundling the requirement for linens, in contravention of the Small Business Act, 15 U.S.C. § 631(j) (2006), because many small businesses manufacture only one of the required items.

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