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B-418238 1 (2020-02-04)

handle is hein.gao/gaobaearl0001 and id is 1 raw text is: GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States ---------------------------------------------------------------------------------------------------------------------- DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been 1approved for public release. Matter of: ENPAC LLC File: B-418238 Date: February 4, 2020 Michelle F. Kantor, Esq., and William J. Beckley, Esq., McDonald Hopkins LLC, for the protester. Ashley Kelly, Esq., Jennifer McNamara, Esq., and Robert E. Sebold, Esq., Defense Logistics Agency, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that agency's decision to cancel a solicitation was made solely for the purpose of avoiding a protest is denied where the agency's explanation for the decision was reasonable and there was no evidence that the explanation was pretextual. DECISION ENPAC, LLC, of Eastlake, Ohio, challenges the cancellation of request for proposals (RFP) No. SPE4A6-19-R-0566 issued by the Defense Logistics Agency for spill containment units (SCUs). The protester contends that the agency's cancellation decision lacked a reasonable basis and was undertaken for the purpose of avoiding an agency-level protest filed by Basic Concepts, Inc. We deny the protest. BACKGROUND On August 15, 2019, the agency issued the RFP. Memorandum of Law (MOL) at 1. The RFP identified four approved models of SCUs, and both ENPAC and Basic Concepts submitted timely proposals. Id. at 1-2. On September 11, Basic Concepts filed an agency-level protest alleging that its model of SCU was the only model that met the product description included in the RFP, and that the other models identified in the RFP did not actually meet the RFP's stated requirements. Id. at 2.

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