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B-412719.2,B-412719.3,B-412719.4 1 (2016-06-21)

handle is hein.gao/gaobadsio0001 and id is 1 raw text is: 




         G    A     0                                                   Comptroller General
      Accountabilty * Integrity * Reliability                           of the United States
United States Government Accountability Office
Washington, DC 20548
                                                       DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to
         Decision                                    a GAO Protective Order. This redacted version has
                                                     been approved for public release.


         Matter of:   East West, Inc.

         File:        B-412719.2; B-412719.3; B-412719.4

         Date:        June 21, 2016

         Lawrence J. Sklute, Esq., Sklute & Associates, for the protester.
         Anson Obayuwana, Esq., Department of Health and Human Services,
         for the agency.
         Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protester that does not have a Federal Supply Schedule (FSS) contract is not an
         interested party to challenge the agency's decision to cancel a solicitation that
         limited competition to FSS vendors.

         2. Protest of an agency's corrective action is denied where the record shows the
         agency acted promptly to implement its proposed corrective action.

         3. Protest of an agency's decision to resolicit its requirement is dismissed as
         premature where the record shows the agency has not made a final decision
         regarding its needs and has not yet issued a new solicitation.
         DECISION

         East West, Inc., of Falls Church, Virginia, a small business, protests the cancellation
         of request for quotations (RFQ) No. 1062534, issued by the Department of Health
         and Human Services, National Institutes of Health (NIH), through the General
         Services Administration's (GSA) e-Buy system for janitorial services. The protester
         alleges that the agency has acted in bad faith in cancelling the RFQ and in
         implementing the corrective action it proposed in connection with the RFQ.
         East West also alleges that the agency continues to wrongfully procure the
         requirement through the GSA e-Buy system.


We deny the protest in part and dismiss it in part.

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