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B-271251.2 1 (1996-07-22)

handle is hein.gao/gaocrptaedp0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: E.L. Enterprises, Inc. File: B-271251.2 Date: July 22, 1996 Reggy Gray for the protester. Terrence J. Tychan, Department of Health and Human Services, for the agency. Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The Buy Indian Act confers broad discretion on contracting officials to set aside procurements for exclusive participation of Indian firms when practicable, but does not require that particular contracts be set aside for Indian firms; protest that procurement should have been restricted to Indian firms is denied where contracting officials did not abuse discretion. 2. Solicitation provision is not unduly restrictive of competition where it's inclusion is mandatory under the Federal Acquisition Regulation and, in any case, it does not preclude the protester from competing. DECISION E.L. Enterprises, Inc. protests the terms of request for proposals (RFP) No. 246-96- R-0002, issued by the Oklahoma City Area office of the Indian Health Service (IHS), Public Health Service (PHS), Department of Health & Human Services (HHS), for dental management services and general dental services for Indian clients in Oklahoma and parts of Kansas and Nebraska. We deny the protest. The RFP contemplates award of a fixed-price, requirements contract for three types of services: (1) claims processing and report generation related to dental services provided at IHS facilities by dentists performing under a pre-existing contract unrelated to this protest (fee-for-clinic services); (2) claims processing and report generation related to dental laboratory services provided under a pre-existing contract unrelated to this protest; and (3) general dental services (including claims processing and report generation) to be provided through a network of dentists under contract to the successful offeror, in response to referrals made by IHS facilities (fee-for-service services). 710722

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