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B-418824,B-418824.3 1 (2020-09-17)

handle is hein.gao/gaobaebua0001 and id is 1 raw text is: GAO 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 been approved for public release. Matter of: RCG of North Carolina, LLC File: B-418824; B-418824.3 Date: September 17, 2020 Alan Grayson, Esq., Law Office of Alan Grayson, for the protester. Allison Colsey Eck, Esq., Defense Logistics Agency, for the agency. Lois Hanshaw, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging elimination from competition is denied where the protester's proposal failed to comply with a material term of the solicitation and the record shows that this issue was not a minor informality that could have been corrected through clarifications. 2. Challenge to domestic source restrictions identified in solicitation did not prejudice protester where its proposal was reasonably eliminated from the competition for failure to address a separate, material requirement. DECISION RCG of North Carolina, LLC (RCG), a service-disabled veteran-owned small business of Raeford, North Carolina, protests the terms of request for proposals (RFP) No. SPE1 C1-20-R-01 02,1 issued by the Defense Logistics Agency (DLA) for disposable surgical masks. RCG contends that the domestic source restrictions identified in the RFP were improper. RCG also protests the agency's decision to eliminate its proposal from the competition. 1 RCG also challenged the terms of RFP No. SPE1 C1 -20-R-01 03 (RFP 0103) for isolation gowns. Prior to the submission of the agency report in B-418824, the agency notified our office that it had cancelled RFP 0103 due to a change in the government's requirements. Req. for Partial Dismissal at 1. The cancellation of a solicitation renders a protest academic. Ferris Optical, B-403012.2, B-403012.3, Oct. 21, 2010, 2010 CPD 265 at 2. We do not consider academic protests. Id. at 1-2. Therefore, we dismiss the protester's arguments regarding RFP 0103.

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