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B-272313 1 (1996-09-23)

handle is hein.gao/gaocrptaeiq0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: SF & Wellness File: B-272313 Date: September 23, 1996 Jay DelVecchio for the protester. Lisa M. Carr for Four Star Fitness, an intervenor. Karen Gearreald, Esq., Department of the Navy, for the agency. Linda C. Glass, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency failed to solicit incumbent contractor under simplified acquisition procedure is denied where record shows that rather than deliberately excluding the incumbent, the agency called the incumbent in an unsuccessful attempt to solicit its quote. DECISION SF & Wellness protests the issuance of a purchase order to Four Star Fitness under an oral request for quotations (RFQ) by the Department of the Navy for the teaching of aerobics classes during a 17-week period at the Little Creek Amphibious Base, Norfolk, Virginia. SF, the incumbent contractor, alleges that the agency improperly failed to solicit the firm. SF also argues that Four Star should have been eliminated from consideration. We deny the protest. On May 28, 1996, using simplified acquisition procedures as set forth in part 13 of the Federal Acquisition Regulation (FAR), the agency orally solicited six contractors from a list of recommended sources to obtain quotes to conduct certain aerobics classes commencing on July 1. The agency reports that on May 28, it called SF and left a message on the firm's answering machine concerning the requirement, but did not receive a response from SF. The agency received the following quotes: 920925

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