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B-405417.2 1 (2013-11-19)

handle is hein.gao/gaobadpwu0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Mark Dunning Industries, Inc. File: B-405417.2 Date: November 19, 2013 Douglas P. Hibshman, Esq., and Nicholas T. Solosky, Esq., Fox Rothschild LLP, for the protester. Thomas A. Coulter, Esq., and Nicole Hardin Brakstad, Esq., LeClair Ryan PC, for Container First Services, LLC, an intervenor. CPT Vera A. Strebel, Department of the Army, and John W. Klein, Esq., and Meagan K. Guerzon, Esq.,Small Business Administration, for the agencies. Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging affirmative determination of responsibility is dismissed where the assertions on which protest is based do not constitute the type of allegation that triggers Government Accountability Office (GAO) review of affirmative responsibility determinations under GAO's Bid Protest Regulations. 2. Where contract award is delayed for two years to resolve small business size protests, agency award of contract for original potential multi-year term is unobjectionable where there is no change in the statement of work, evaluation scheme, or length of time for which contractor would be obligated. DECISION Mark Dunning Industries, Inc. (MDI), of Dothan, Alabama, protests the Department of the Army's award of a contract to Container First Services, LLC (CFS), of Petersburg, Virginia, under invitation for bids (IFB) No. W91 QFS-1 1 -B-0001, a small business set-aside for solid waste services at Fort Lee, Virginia. MDI challenges the agency's responsibility determination and otherwise asserts that award to CFS was improper. We dismiss the protest in part and deny the protest in part.

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