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B-285833 1 (2000-10-03)

handle is hein.gao/gaocrptalel0001 and id is 1 raw text is: h -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Carr's Wild Horse Center File: B-285833 Date: October 3, 2000 David B. Dempsey, Esq., Piper Marbury Rudnick & Wolfe, for the protester. Sherry K Kaswell, Esq., and Alton E. Woods, Esq., Department of the Interior, for the agency. Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Under solicitation contemplating award of multiple indefinite-delivery/ indefinite-quantity contracts for handling horses/burros at adoption events, protest that minimum guaranteed quantity of 100 horses/burros for life of contract is insufficient consideration to bind parties is denied where nature of acquisition dictates possibility that government may order only this quantity, and where other factors surrounding acquisition show an intent to form binding contracts. 2. Solicitation will not result in impermissible personal services contract where under contract government will not exercise continuous supervision and control over contractor personnel performing the contract. DECISION Carr's Wild Horse Center protests the terms of request for proposals (RFP) No. NAR-00052, issued by the Department of Interior, Bureau of Land Management (BLM), for services related to the conduct of satellite (temporary) adoptions of animals under BLM's horse and burro program. Carr's contends that the solicitation is defective for a variety of reasons. We deny the protest. The RFP, issued as a small business set-aside, contemplates the award of a fixed-priced, indefinite -delivery/indefinite -quantity (ID/IQ) contract for a base year, with two 1-year options. The contractor is to provide assistance to BLiII in conducting satellite adoptions. These satellite adoptions (including travel and set-

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