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B-270366 1 (1996-03-04)

handle is hein.gao/gaocrptadyi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Bosco Contracting, Inc. File: B-270366 Date: March 4, 1996 Daniel A. Bellman, Esq., Porter, Wright, Morris & Arthur, for the protester. Clifton M. Hasegawa, Esq., Department of Defense, for the agency. Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO participated in the preparation of the decision. DIGEST Protest challenging contracting agency's failure to solicit incumbent contractor to perform interim services contract between the completion of its contract and the commencement of the services by the National Industries for the Severely Handicapped is sustained where the decision not to solicit incumbent was based on alleged poor past performance, which was unsupported by the record. DECISION Bosco Contracting Inc. protests the issuance of a purchase order to Specialized Services, Inc. (SSI) under a request for quotations (RFQ) issued by the Defense Information Systems Agency, Defense Information Technology Contracting Office (DITCO), Department of Defense, for janitorial, recycling, and snow removal services at DITCO buildings at Scott Air Force Base (AFB), Illinois, for a 2-month period. Bosco, the incumbent contractor, alleges that the agency improperly failed to solicit the firm. We sustain the protest. The RFQ, issued on October 23, 1995, contemplated award for a 2-month interim period (November 1 to December 31, 1995) between the expiration of Bosco's incumbent 5-year contract and the expected inclusion of the services on a procurement list developed under the provisions of the Javits-Wagner-O'Day Act, 41 U.S.C. §§ 46-48c (1994) (commodities or services placed on the list by the Committee for Purchase from the Blind and Other Severely Handicapped must be procured only from non-profit agencies employing persons who are blind or have other severe disabilities). At the time of issuance of the RFQ, DITCO was in the process of negotiating a 1-year contract for the services with the National Industries for the Severely Handicapped (NISH). SSI, the awardee here, was the NISH workshop contemplated to perform the services. 102234

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