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B-286817 1 (2001-02-22)

handle is hein.gao/gaocrptamnl0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity * Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Phoenix Scientific Corporation File: B-286817 Date: February 22, 2001 J. Hatcher Graham, Esq., McManus & Graham, for the protester. Gregory H. Petkoff, Esq., Warren D. Leishman, Esq., and Bradley S. Adams, Esq., Department of the Air Force; Kenneth W. Dodds, Esq., Small Business Administration, for the agencies.' Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that an agency's solicitation is an improperly bundled procurement, in violation of the bundling restrictions in the Small Business Act, 15 U.S.C. § 6310)(3) (Supp. IV 1998), is denied where the solicitation, while clearly comprised of consolidated requirements, does not fall within the reach of the Act because the solicitation will not result in contracts that are unsuitable for award to a small-business concern, within the meaning of 15 U.S.C. § 632(o)(2). 2. Protester's alternative contention that the bundling in the solicitation violated the Competition in Contracting Act of 1984, 10 U.S.C. § 2305(a)(1) (1994), is denied where the agency has established in the record that its consolidated approach is needed to satisfy its needs, and where the protester has not shown that the approach will not provide the benefits claimed, or is unreasonable. DECISION Phoenix Scientific Corporation protests request for proposals (RFP) No. F09603-00- R-42001, issued by the Department of the Air Force, anticipating multiple-award 'Modern Technologies Corporation (MTC), a small business offeror seeking award as a prime contractor under the FAST solicitation, intervened in this protest on a limited basis, pursuant to our discretionary authority at 4 C.F.R. § 21.30) (2000). MTC was represented by Michael A. Gordon, Esq., Holmes, Schwartz & Gordon.

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