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B-280851.2 1 (1999-05-13)

handle is hein.gao/gaocrptajex0001 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-280851.2

Date:      May 13, 1999


Sam Gdanski, Esq., Jeffrey I. Gdanski, Esq., and Scott Howard Gdanski, Esq., for the
protester.
Michael Trovarelli, 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

Agency has a reasonable basis for canceling solicitation where it no longer has a need
for the requirement.
DECISION

Safety Storage, Inc. (SSI) protests the decision of the Defense Industrial Supply
Center (DISC) to cancel request for proposals (RFP) No. SPO-500-98-R-0999 for
mobile reuse centers (MRC) for ship and land-based operations for the control and
storage of hazardous materials.

We deny the protest.

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. The RFP contemplated 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.

On August 21, SSI filed a protest with our Office challenging the agency's decision not
to set aside the procurement for small businesses. We sustained SSI's protest based
on our conclusion that the contracting officer's (CO) determination not to set aside
the procurement was based on incomplete information, unsupported assertions

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