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B-407028 1 (2012-10-19)

handle is hein.gao/gaobadpcw0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliabillty of the United States United States Government Accountability Office DOCUMENTiFOR-PUBLIC-RELEAsE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Herman Miller, Inc. File: B-407028 Date: October 19, 2012 Robert J. Conlan, Esq., Mathew H. Solomson, Esq., and Kyle J. Fiet, Esq., Sidley Austin LLP, for the protester. Col. Mark S. Teskey, Behn M. Kelly, Esq., and Michaelisa Tomasic-Lander, Esq., Department of the Air Force, and Kacie A. Haberly, Esq., General Services Administration, for the agencies. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. A solicitation with a two-tiered acquisition approach, under which manufacturers would receive contracts that include not-to-exceed prices for furniture systems and dealers would receive separate contracts for installation of the systems at prices not exceeding the manufacturers' prices, provided sufficient information to allow manufacturers to intelligently compete on an equal basis and does not place undue risk on the manufacturers. 2. GAO does not have jurisdiction to hear challenge to agency's selection of North American Industry Classification System (NAICS) code, nor jurisdiction to hear challenge that agency's two-tiered acquisition approach will preclude manufacturers' dealers from being considered small businesses under the Small Business Administration's regulations. DECISION Herman Miller, Inc., of Zeeland, Michigan, protests the terms of request for proposals (RFP) No. FA8057-12-R-0001, issued by the Department of the Air Force for systems and modular furniture. Herman Miller primarily challenges the solicitation's price evaluation scheme. We deny the protest.

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