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B-227837.4 1 (1987-07-29)

handle is hein.gao/gaobadmty0001 and id is 1 raw text is: 


       The Comptroler General
,      of the United States
       Whington, D.C. 20548

       Decision



       Matterof- Ogden Allied Services Corporation

       File:     B-227837.4

       Date:     July 29, 1987



       DIGEST

       Determination by agency to set aside unrestricted procure-
       ment for exclusive small business participation, communi-
       cated by amendment on the original proposal closing date,
       does not entitle the protester to proposal preparation costs
       solely because amendment eliminated the protester, a large
       business, from competition, where General Accounting Office
       has no basis on which to legally object to the set-aside and
       there is no indication that the protester otherwise had a
       substantial chance of receiving the award.


       DECISION

       Ogden Allied Services Corporation, a large business,
       requests reimbursement of proposal preparation costs
       following the determination of the United States Military
       Academy (USMA), Department of the Army to set aside for
       exclusive small business participation request for proposals
       (RFP) No. DAAG60-87-R-1240, for custodial services at the
       USMA.

       We dismiss the protest and the claim.

       The RFP was issued April 6, 1987, on an unrestricted basis.
       On Thursday, June 1i, 4 days before initial proposals were
       due, a potential offeror who was a small business concern
       filed a protest with our Office in which the firm contended
       that the solicitation should not be unrestricted but totally
       set aside for small business concerns in light of the extent
       of competition available from them. That protester stated:

            After continued refusal by USMA throughout April
            of 1987 to set aside the solicitation, Lwel, in
            May of 1987, notified the Department of Defense
            Office of Small and Disadvantaged Business
            Utilization ('DOD SADBU'). It agreed that the
            contract should be set aside and contacted its
                              O S??3 - ]335- 5'

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