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B-419009.2 1 (2020-12-17)

handle is hein.gao/gaobaecfh0001 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 version has been
                                           approved for public release without any redactions


Matter of:   Innovative Quality Solutions, LLC

File:        B-419009.2

Date:     December 17, 2020

Shane  J. McCall, Esq., Christopher S. Coleman, Esq., Nicole D. Pottroff, Esq., and
Quinten R. Fisher, Esq., Koprince Law, LLC, for the protester.
Felecia R. McBride, Esq., Department of Transportation, for the agency.
John Sorrenti, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that the agency improperly decided to pursue an unrestricted full and open
competition after taking corrective action on a procurement previously set aside for
small businesses is denied where the record shows that the agency reasonably found
that the protester's quotation was nonresponsive and therefore there were no small
businesses eligible for award.
DECISION

Innovative Quality Solutions, LLC (IQS), of Grandview, Missouri, challenges the
corrective action taken by the Department of Transportation under request for
quotations (RFQ) No. 6913G6200300058,   for two railway car spotters. IQS argues that
the agency unreasonably determined that IQS's quotation was nonresponsive, and that
the agency should have made award  to IQS as the only remaining eligible small
business rather than cancel the set-aside decision to pursue a full and open competition
as part of corrective action.

We  deny the protest.

BACKGROUND

The agency  issued the RFQ under Federal Acquisition Regulation (FAR) part 12,
acquisition of commercial items, and FAR subpart 13.5, simplified acquisition
procedures, as a small business set-aside for two railway car spotters for the
Portsmouth Naval Shipyard in Portsmouth, New Hampshire.  Agency Report (AR),
Tab A, RFQ  at 1. The RFQ contemplated award  of a single, fixed-price purchase order.

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