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B-272070 1 (1996-08-09)

handle is hein.gao/gaocrptaehl0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: District Moving & Storage, Inc.; Guardian Storage, Inc.;
             and Quality Transport Services, Inc.

File:        B-272070

Date:        August 9, 1996

Alan F. Wohlstetter, Esq., and Stanley I. Goldman, Esq., Denning & Wohlstetter, for
the protesters.
Dennis J. Gallagher, Esq., Department of State, for the agency.
Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Under solicitation that contemplates multiple awards, provision that restricts award
to only one of any affiliated offerors is not unduly restrictive of competition where
the record shows that the agency reasonably concluded that multiple awards to
affiliated offerors would be prejudicial to the government's interests, and, thus, that
the provision is reasonably necessary to meet the agency's minimum needs.
DECISION

District Moving & Storage, Inc., Guardian Storage, Inc., and Quality Transport
Services, Inc. protest the terms of request for proposals (RFP) No. S-OPRAQ-96-R-
0515, issued by the Department of State for non-temporary storage and related
services. The protesters contend that the solicitation, which contemplates multiple
awards, improperly restricts award to only one of any affiliated offerors.

We deny the protest.

Our Office has long held that contracting agencies are not required to reject offers
from affiliated firms, or to limit them to one award, unless doing so would be
prejudicial to the interests of the government or would give the affiliated offerors
an unfair advantage over other offerors. See 39 Comp. Gen. 892 (1960); see also
Fiber-Lam Inc., 69 Comp. Gen. 364 (1990), 90-1 CPD  351; Colonial Storage Co.:
Paxton Van Lines, Inc., B-253501.5 et al., Oct. 19, 1993, 93-2 CPD   234; Pioneer
Recovery Sys., Inc., B-214700; B-214878, Nov. 13, 1984, 84-2 CPD   520. This protest
presents the question whether State may properly restrict award to only one of any
affiliated offerors under this solicitation.


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