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B-409564 1 (2014-06-12)

handle is hein.gao/gaobadqky0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 Decision [e for pic release. Matter of: American Custom Meats, LLC File: B-409564 Date: June 12, 2014 Michael J. Gardner, Esq., Erik M. Ideta, Esq., and Jennifer Mouchet Hall, Esq., Troutman Sanders LLP, for the protester. Katherine B. McCulloch, Esq., Defense Logistics Agency; and John W. Klein, Esq., and Laura Foster, Esq., Small Business Administration, for the agencies. Cherie J. Owen, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that solicitation improperly bundles requirements in violation of the Small Business Act is denied, where the requirements consolidated under this procurement do not violate the terms of the Act--i.e., the requirements were not previously provided under separate, smaller contracts that were suitable for award to small business concerns--and the Small Business Administration (SBA) agrees that the procurement does not improperly bundle requirements. 2. Protest that lot for various types of ground beef and primal cuts, one of three lots in the solicitation, must be set aside for small businesses (as were the other two lots) is denied, where the agency's market research led it to reasonably conclude that there are not two or more capable small businesses that could provide the agency's requirements in this regard, and the SBA agrees that the agency was not required to set aside the lot. DECISION American Custom Meats, LLC, of Tracy, California, protests the terms of request for proposals (RFP) No. SPE300-13-R-1014, issued by the Defense Logistics Agency (DLA), for various beef products in support of prime vendor contracts. ACM asserts that the entire procurement should have been set aside for small businesses, that the agency improperly bundled the requirements, and that the RFP's evaluation criteria are vague. We deny the protest.

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