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B-280851 1 (1998-10-29)

handle is hein.gao/gaocrptahxa0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Safety Storage, Inc. File: B-280851 Date: October 29, 1998 Sam Z. Gdanski, Esq., and Jeffrey I. Gdanski, Esq., for the protester. John P. Patkus, Esq., Defense Logistics Agency, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency decision not to set aside procurement for small business concerns is sustained where decision was based on insufficient efforts to ascertain small business capability to perform the contract. DECISION Safety Storage, Inc. (SSI) protests the decision of the Defense Industrial Supply Center (DISC) to issue request for proposals (RFP) No. SPO-500-98-R-0999 for mobile reuse centers (MRC) for shore and land-based operations for the control and storage of hazardous materials, on an unrestricted basis. SSI, a small business, argues that the requirement should be set aside for small business concerns. We sustain the protest. Bac kgro und The RFP contemplates the award of an indefinite-quantity, indefinite-delivery requirements contract for a 1-year base period with up to four 1-year option periods. RFP at 105. The total estimated value of the procurement is $499,999 for a maximum of 125 MRCs over the life of the contract. Agency Report (AR) at 1, and RFP clause No. 167. The Defense Supply Center, Columbus, Ohio (DSC-OH), initially synopsized the solicitation in the Commerce Business Daily (CBD) on September 3, 1997, as an unrestricted procurement. Subsequently, in a November 5 CBD notice, the agency announced that the solicitation was canceled and that a new solicitation would be issued by DISC, Philadelphia, Pennsylvania (DISC-PA). DISC-PA synopsized the procurement in the CBD on January 23, 1998, and issued the RFP on April 17, on an unrestricted basis. In a letter to DISC-PA dated May 23, SSI pointed out that the required MRC units are comparable to items that both itself and another small business had

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