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B-297450.3 1 (2006-04-18)

handle is hein.gao/gaocrptasmq0001 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: Saturn Landscape Plus, Inc. File: B-297450.3 Date: April 18, 2006 John T. Bray, Esq., for the protester. Maj. Lawrence M. Anderson, Department of the Air Force, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging certain agency decisions as improper because they allegedly were made in bad faith is denied where the record shows that there is no basis to question the propriety of the challenged decisions; specifically, the record shows that the agency reasonably decided to cancel the initial solicitation and issue a revised solicitation to reflect reduced option periods and changed evaluation factors, and the agency properly decided to set the procurement aside for Historically Underutilized Business Zone (HUBZone) firms based on the reasonable expectation of receiving two or more offers from HUBZone firms and making award at a fair market price. DECISION Saturn Landscape Plus, Inc. protests certain decisions by the Department of the Air Force regarding request for proposals (RFP) Nos. FA5004-05-R-C004 and FA5004-06-R-C007, for landscape services at Eielson Air Force Base (AFB), Alaska. Saturn asserts that the Air Force acted in bad faith toward Saturn by: canceling the initial RFP instead of reevaluating offers and making a new award decision; issuing the revised RFP as a set-aside for Historically Underutilized Business Zone (HUBZone) firms; and posting to the Federal Business Opportunities (FedBizOpps) website allegedly duplicitous answers to questions submitted by potential offerors. Saturn also protests the agency's alleged failure to take timely corrective action in response to Saturn's initial protest of the award decision under the original RFP. We deny the protest.

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