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B-287275 1 (2001-05-17)

handle is hein.gao/gaocrptamph0001 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: Aleman & Associates, Inc.

          File:       B-287275

          Date:       May 17, 2001

          Albert T. Aleman, Jr., for the protester.
          Michael K. Cameron, Esq., Department of Justice, Immigration and Naturalization
          Service, for the agency.
          Jeanne W. Isrin, Esq., and Jerold D. Cohen, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that agency's issuance of purchase orders to maintain interim services while
          competitive procurement for the same services was ongoing violated Federal
          Acquisition Regulation (FAR) requirements because (1) they were not procured
          using full and open competition; (2) their requirements were not synopsized in the
          Commerce Business Daily (CBD); and (3) the protester was not sent a copy of the
          solicitations, is denied. The purchase orders were issued using the simplified
          acquisition procedures of FAR Part 13 which, under the circumstances here, do not
          require full and open competition or CBD synopsis, and did not mandate distribution
          of the solicitations to the protester.
          DECISION

          Aleman & Associates, Inc. protests the issuance of purchase order Nos. ACD-1-P-
          0001, ACD-1-P-0002, ACD-1-P-0003, and LRT-1-P-0060 by the Immigration and
          Naturalization Service (INS), Department of Justice, for janitorial and grounds
          maintenance services at border patrol stations and related INS facilities in the
          Laredo, Texas area.

          We deny the protest.

          The 12 facilities covered by the 4 purchase orders employ Border Patrol agents who
          are responsible for apprehending illegal immigrants and maintaining custody of them
          at the facilities. Contracting Officer's Statement at 1. INS previously had procured
          the required janitorial and grounds maintenance services for 11 of the facilities
          competitively, which had resulted in purchase orders to 3 different contractors; one

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