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B-420562 May 25, 2022 1 (2022-05-25)

handle is hein.gao/gaonde0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been Decision approved for public release. Matter of: Marine Hydraulics International, LLC File: B-420562 Date: May 25, 2022 Dean W. Baxtresser, Esq., Kyle R. Jefcoat, Esq., Walter Allan Perry, Esq., and W. Blake Page, Esq., Latham & Watkins LLP, for the protester. Candace M. Shields, Esq., Bradley S. Garner, Esq., and Philip S. Lazarus, Esq., Department of the Navy, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency's decision to set aside a delivery order under a multiple- award indefinite-delivery, indefinite-quantity contract that was awarded on an unrestricted basis is denied where the agency's set-aside decision was a reasonable exercise of its discretion. DECISION Marine Hydraulics International, LLC, of Norfolk, Virginia, protests the terms of request for proposals (RFP) No. N5005422R6001 (the Delivery Order RFP), issued by the Department of the Navy, Naval Sea Systems Command, for complex repair and maintenance services on the U.S.S. Cole. Marine Hydraulics argues that the agency's decision to set aside the procurement for small businesses was improper because the agency could not set aside the delivery order under the terms of the multiple award indefinite-delivery, indefinite-quantity (IDIQ) contract under which the delivery order will be issued. Alternatively, even if the agency had the discretion to set aside the order, the protester argues there was no reasonable basis to conclude that the agency would receive two or more offers from responsible small business concerns at fair and reasonable prices. We deny the protest.

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