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B-311070 1 (2008-04-21)

handle is hein.gao/gaocrptavzb0001 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     DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: North Shore Medical Labs, Inc.; Advanced BioMedical Laboratories,
                       LLC

          File:        B-311070; B-311070.2

          Date:        April 21, 2008

          Adam W. Downs, Esq., Welby, Brady & Greenblatt, LLP, for North Shore Medical
          Labs, Inc.; and Pamela J. Mazza, Esq., Philip M. Dearborn, Esq., Gunjan R.
          Talati, Esq., Desiree Lomer-Clarke, Esq., and Isaias Alba IV, Esq., PilieroMazza PLLC,
          for Advanced BioMedical Laboratories, LLC, the protesters.
          Capt. Charles D. Halverson, Department of the Army, 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

          Protests against cancellation of solicitation are denied where agency reasonably
          determined that the solicitation did not adequately set forth the agency's needs and
          that enhanced competition could result from a change in the requirements.
          DECISION

          North Shore Medical Labs, Inc. (NSML) and Advanced Biomedical Laboratories, LLC,
          (ABML) protests the cancellation of request for proposals (RFP) No. W81K04-07-R-
          0019, a small business set-aside issued by the Department of the Army, for laboratory
          services. The protesters contend that the agency lacks a reasonable basis for the
          cancellation and that the agency should instead have amended the solicitation, held
          discussions and requested revised proposals.

          We deny the protests.

          This RFP is for a contractor to provide testing services for the detection of
          antibodies that work against the Human Immunodeficiency Virus (HIV) for various
          military organizations. These services have been provided by a large business since
          1997. Based upon market research, the agency decided that this requirement could
          be set aside for small business concerns. A solicitation for these services, set aside
          for small business concerns, was issued, but was ultimately cancelled on March 27,

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