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B-418491.2 1 (2020-06-16)

handle is hein.gao/gaobaebgj0001 and id is 1 raw text is: 



GAOU.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 a
                                                GAO Protective Order. No party requested redactions;
D ecision                                     .we are therefore releasing the decision in its entirety.



Matter of:   BryMak & Associates, Inc.

File:        B-418491.2

Date:        June 16, 2020

John C. Dulske, Esq., Joanne Zimolzak, Esq., Bonnie Kirkland, Esq., and
Ryan Sullivan, Esq., Dykema Gossett PLLC, for the protester.
Howard A. Smith, Esq., Department of the Navy, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that agency improperly canceled solicitation as corrective action in response to
another offeror's protest is denied where the record shows the agency reasonably
determined that a restrictive term in the solicitation may have limited competition and
that cancellation was appropriate corrective action.
DECISION

BryMak & Associates, Inc., of Clarksville, Tennessee, a small business, protests the
termination of its contract, and the cancellation of request for proposals (RFP)
No. N40085-19-R-9134, issued by the Department of the Navy, Naval Facilities
Engineering Command, for facility investment services at Marine Corps Air Station
Cherry Point, Oak Grove, and other outlying fields, in North Carolina.1 BryMak argues
that the Navy lacked a valid basis to terminate its contract, cancel the RFP, and issue a
new solicitation.

We deny the protest.


1 We identify BryMak as a small business based on its representation, but express no
view on its small business size status because challenges to a business's small
business size status are outside the scope of our bid protest jurisdiction. Bid Protest
Regulations, 4 C.F.R. § 21.5(b)(1). A protest challenging BryMak's status as a small
business was dismissed by the Small Business Administration after the Navy
announced the corrective action at issue in this protest. Protest at 4.

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