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B-294600 1 (2004-11-12)

handle is hein.gao/gaocrptappa0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
             SIntegrity * Reliability                                 of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Moog Inc.

          File:       B-294600

          Date:       November 12, 2004

          Martin G. Bobak for the protester.
          Victor G. Vogel, Esq., U.S. Army Materiel Command, and John W. Klein, Esq., and
          Laura Mann Eyester, Esq., Small Business Administration, for the agencies.
          Charles W. Morrow, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that solicitation for maintenance and overhaul services of a flight safety part
          should not be set aside for exclusive small businesses participation is denied, where
          although the protester contends that the services can only be acquired from
          approved sources, the procuring agency states that these services need not be
          acquired from approved sources and where the agency has twice previously acquired
          these services from a small business concern under acquisitions that were set aside
          exclusively for small business participation.
          DECISION

          Moog Inc. protests the decision of the U.S. Army Aviation and Missile Command
          (AMCOM) to issue request for proposals (RFP) No. DAAH23-03-R-0668, for the
          overhaul and upgrade of UH-60 pitch trim actuators, as a small business set-aside.
          Moog, the original equipment manufacturer of the actuator, contends that only an
          approved source may perform the necessary work, and that the agency lacked a
          reasonable basis for setting aside the procurement because no small businesses have
          been approved to perform the requirement.

          We deny the protest.

          The RFP, issued on June 30, 2004, contemplates the award of a 5-year
          indefinite-delivery/indefinite-quantity fixed-price contract for the overhaul,

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