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B-295434 1 (2005-02-22)

handle is hein.gao/gaocrptaqua0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Total Industrial & Packaging Corporation File: B-295434 Date: February 22, 2005 Byron W. King, Esq., Jones, Gregg, Creehan & Gerace, for the protester. Steven B. Hilkowitz, Esq., Defense Logistics Agency, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably awarded noncompetitive contracts for sandbags to four qualified Historically Underutilized Business Zone firms to meet agency's urgent requirement for sandbags in support of military operations. DECISION Total Industrial & Packaging Corporation protests the noncompetitive award by Defense Supply Center Philadelphia, Defense Logistics Agency of contracts to C.H.K. Manufacturing Co. Inc.; La Pac Manufacturing, Inc.; Ampack, LLC; and Dayton Bag & Burlap Co., for polypropylene sandbags. We deny the protest. Prior to the noncompetitive awards at issue here, on March 4, 2004, the agency issued a competitive solicitation for the sandbags, set aside for offerors that would manufacture the product in a Historically Underutilized Business Zone (HUBZone), as certified by the Small Business Administration (SBA).' On July 27, five contracts were awarded to HUBZone firms, including Total, under that solicitation.2 On August 4, a stop-work order was issued to Total after the agency learned that Total's subcontractor (located in Texas) for this contract, which was manufacturing the 1 In 2002, the SBA recommended that procurements of sandbags be set aside for HUBZone firms. 2 Total received the largest award share under the solicitation.

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