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B-262223.2 1 (1996-02-09)

handle is hein.gao/gaocrptadsa0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Cutter Lumber Products File: B-262223.2 Date: February 9, 1996 Tony Palma for the protester. E. L. Timmins for Precision Wood Products, Inc., an interested party. Benjamin G. Perkins, Esq., and Stephen Stastny, Esq., Defense Logistics Agency, for the agency. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's inadvertent failure to solicit incumbent contractor does not warrant sustaining incumbent's subsequent protest where agency otherwise obtained full and open competition. DECISION Cutter Lumber Products protests the award of a contract to Precision Wood Products, Inc. under request for proposals (RFP) No. SP0440-95-R-0655, issued by the Defense Logistics Agency (DLA) to supply wooden pallets to nine DLA destinations located in the states of California, Utah, Texas, Ohio, Tennessee, Virginia, and Pennsylvania. Cutter contends that DLA's failure to provide it with a copy of the solicitation improperly denied it the opportunity to compete for the Tracy, California pallet requirement, one of nine contract line item numbers (CLIN) set forth in the RFP.1 We deny the protest. The RFP was issued as a total small business set-aside on January 17, 1995, and was distributed to 62 prospective small business contractors. Although Cutter was the incumbent for providing the required pallets to the Tracy, California destination site- -CLIN 0005 of the RFP--the contract specialist who prepared the solicitation distribution list admits that because of administrative error, he failed to provide Cutter with a copy of the follow-on procurement. 1The RFP contemplated multiple awards, and further provided that each CLIN would be awarded to the lowest-priced, technically acceptable offer. 100229

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