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B-400157 1 (2008-08-13)

handle is hein.gao/gaocrptawbj0001 and id is 1 raw text is: 




        G     A A                                                    Comptroller General
                                                                     of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of: Logistics Health, Inc.

         File:       B-400157

         Date:       August 13, 2008

         Tom Walch and Suzanne Witt-Botcher, Esq., for the protester.
         Maj. William J. Nelson, Department of the Army, for the agency.
         Paul E. Jordan, Esq., and John M. Melody, Esq., Office of General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Agency determination to set aside dental services procurement for exclusive small
         business participation was reasonable where market research identified eight small
         businesses, at least two of which appeared responsible and capable of performing
         the contract requirements.
         DECISION

         Logistics Health, Incorporated (LHI) protests the terms of request for proposals
         (RFP) No. W81K04-08-R-0036, a total small business set-aside, issued by the
         Department of the Army for a dental provider network. LHI, a large business, asserts
         that the agency improperly restricted the solicitation to small businesses.

         We deny the protest.

         The Army operates soldier readiness processing (SRP) stations at mobilization
         locations throughout the continental United States. The primary purpose of the SRP
         dental stations is to process and validate the dental readiness of Army Reserve
         soldiers. Due to facility and personnel constraints, it is necessary to refer some
         Army and other military service members to civilian providers near the SRP stations.
         The RFP sought proposals for provision of a dental network to meet these
         requirements at up to 14 locations and contemplated the award of a fixed-price
         indefinite-delivery, indefinite-quantity contract for a period of I year, with 4 option
         years.

         LHI is currently providing a dental network under a sole-source contract, which was
         awarded in 2006 based on the agency's determination that it was the only

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