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B-402800 1 (2010-07-23)

handle is hein.gao/gaobadbkd0001 and id is 1 raw text is: 




          G    A     O                                                  Comptroller General
KWn ,  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:  Metasoft, LLC

          File:        B-402800

          Date:        July 23, 2010

          Andrew  J. Mohr, Esq., and William J. Bainbridge, Esq., Cohen Mohr LLP, for the
          protester.
          Sandra C. Cain, Esq., Department of the Navy, for the agency.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest alleging that agency improperly failed to set aside acquisition for
          exclusive small business competition is denied where the record supports agency's
          determination that it could not expect to receive offers from at least two responsible
          small businesses capable of providing at least 50 percent of the services.

          2. Protest alleging that agency improperly failed to set aside a portion of its
          requirement for small business competition is denied where agency reasonably
          determined that requirement was not severable.
          DECISION

          Metasoft, LLC, of San Diego, California, a veteran-owned, 8(a) certified, small
          disadvantaged business, protests the decision by the Department of the Navy not to
          set aside request for proposals (RFP) No. N66001-10-R-0057 for exclusive small
          business participation. The solicitation is for support services, including software
          maintenance  and upgrades, for the Joint Tactical Radio System (JTRS) Link 16
          waveform  software.

          We  deny the protest.

          Prior to issuing the RFP under protest, the agency issued a sources sought notice to
          identify qualified small business sources interested in competing for the requirement.
          The notice invited interested firms to furnish white papers summarizing their

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