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B-418284 1 (2020-02-24)

handle is hein.gao/gaobaeaxc0001 and id is 1 raw text is: G A O 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 redacted version has 1been approved for public release. Matter of: CEPEDA Associates, Inc. File: B-418284 Date: February 24, 2020 Mark Leach, Mark W. Leach Law Firm, PSC, for the protester. Paul Scheck, Esq., Department of the Navy, for the agency. Lois Hanshaw, Esq., and Stephanie B. Magnell, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency's decision not to set aside a procurement for small businesses is denied, where the agency reasonably concluded that there was not a reasonable expectation of receiving offers from two or more small business concerns at fair market prices. DECISION CEPEDA Associates, Inc. (CEPEDA), a small business of Louisville, Kentucky, protests the terms of request for proposals (RFP) No. N64498-20-R-0002, issued by the Department of the Navy for advanced carbon dioxide removal units (ACRU) production units, associated special tools, and ACRU spare parts. CEPEDA contends that the procurement should have been set aside for small businesses under Federal Acquisition Regulation (FAR) § 19.502-2(b), also known as the Rule of Two. We deny the protest. BACKGROUND The solicitation, issued on November 12, 2019, contemplates the award of one or more indefinite-delivery, indefinite-quantity contracts with hybrid fixed-price, fixed-price- incentive-fee, and cost-plus-fixed-fee contract line items.1 Agency Report (AR), Tab 13, RFP at 106; Tab 14 RFP amend. 1 at 1. The agency seeks one or more contractors to 1 The solicitation was subsequently amended four times.

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