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B-401190 1 (2009-06-18)

handle is hein.gao/gaobadaws0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: TFab Manufacturing, LLC File: B-401190 Date: June 18, 2009 William K. Walker, Esq., Walker Reausaw, for the protester. Maj. Walter Dukes, U.S. Army Materiel Command, and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGESTS Protest challenging propriety of solicitation provision--stating that offerors must meet requirements under Limitations on Subcontracting (LOS) clause separately for services and supply portions of work under solicitation--is sustained where provision is inconsistent with Small Business Act, which provides for application of either services or supply portion of LOS clause, but not both. DECISION TFab Manufacturing, LLC, of Madison, Alabama, protests the terms of request for proposals (RFP) No. W58RGZ-08-R-0438, issued by the Department of the Army for improved data modems. TFab maintains that the RFP improperly applies the Limitations on Subcontracting (LOS) clause by applying it separately to both the supply and services portions of the contract. We sustain the protest. The RFP, issued on July 9, 2008 as a total small business set-aside, provided for the award of an indefinite-delivery, indefinite quantity contract. Contracting Officer's 'TFab also initially argued that the RFP improperly included Federal Acquisition Regulation (FAR) clause 52-222-41, Service Contract Act of 1965, since, it maintained, the principal purpose of the RFP was the furnishing of supplies, not the acquisition of services. Protest at 4, 6. The agency subsequently amended the RFP to delete this clause.

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