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![handle is hein.gao/gaocrptafzk0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Orincon Corporation
File: B-276704
Date: July 18, 1997
Nancy 0. Dix, Esq., Gray Cary Ware & Freidenrich, for the protester.
James H. Haag, Esq., Department of the Navy, for the agency.
David R. Kohler, Esq., and Susan L. Sundberg, Esq., Small Business Administration.
Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Where a proposal is unacceptable as submitted for failing to comply with the small
business set-aside solicitation's subcontracting limitation, and would require major
revisions to become acceptable, the proposal may properly be excluded from the
competitive range and the contracting agency is under no obligation to conduct
discussions with the offeror.
DECISION
Orincon Corporation protests the actions of the Department of the Navy, Space and
Naval Warfare Systems Command in eliminating Orincon from the competition for
the small business set-aside contract to be awarded under request for proposals
(RFP) No. N00039-96-R-0086(Q), for technology, analytical, engineering, program
management, and administrative services in support of agency command, control,
communications, computers, and intelligence programs.
We deny the protest.
The RFP, issued on June 10, 1996, contemplated the award of a cost-plus-fixed-fee
level-of-effort contract for a base year with 3 option years to the responsible offeror
offering the best overall value to the government, technical and management
approach and price considered. In the procurement information section of the RFP
cover sheet, the Navy checked the boxes indicating that the procurement is
100 percent set aside for small business.
As issued, however, the RFP omitted the clause found at Federal Acquisition
Regulation (FAR) § 52.219-6, Notice of Total Small Business Set-Aside, which is
required by FAR § 19.508(c) to be inserted in solicitations for total small business
set-asides. This clause, among other things, provides that [o]ffers are solicited only
from small business concerns and that [a]ny award resulting from this solicitation](ViewImageLocal?handle=hein.gao/gaocrptafzk0001&div=1&collection=&method=preview&ext=.png&size=3)