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B-408456,B-408456.2 1 (2013-09-20)

handle is hein.gao/gaobadpvd0001 and id is 1 raw text is: G A Comptroller General c ity * Integrity * Rellability 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. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: TrustComm, Inc. File: B-408456; B-408456.2 Date: September 20, 2013 Amanda J. Dietrick, Esq., and Michael R. Charness, Esq., Vinson & Elkins LLP, for the protester. Amy O'Sullivan, Esq., and Stephan Rice, Esq., Crowell & Moring LLP, for MTN Government Services, Inc., the intervenor. Talbot J. Nicholas II, Esq., United States Coast Guard, for the agency. Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined not to terminate contract of awardee in an acquisition set aside for small business concerns notwithstanding Small Business Administration (SBA) determination (almost 9 months after size status protest) that the awardee is other than small where there were countervailing circumstances that weighed against termination, including that delivery of required equipment could not be obtained from the offeror next in line for award without repeating extensive first article testing, and the resulting delay to an already delayed program would result in significant costs and adversely affect mission effectiveness of Coast Guard cutters. DECISION TrustComm, Inc., of Stafford, Virginia, protests the United States Coast Guard's decision to continue performance of a contract awarded to MTN Government Services, Inc. (MTNGS), of Leesburg, Virginia, under request for proposals (RFP) No. HSCG79-12-R-T1 0009, a 100% small business set-aside solicitation for communications equipment for Coast Guard cutters. The protester asserts that since the Small Business Administration (SBA) has determined MTNGS to be other than a small business, MTNGS was ineligible for award and its contract therefore should be terminated. We deny the protest.

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