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B-298931 1 (2006-12-20)

handle is hein.gao/gaocrptasso0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * 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 been
                                                      approved for public release.

          Decision

          Matter of: ViroMed Laboratories

          File:        B-298931

          Date:        December 20, 2006

          Thomas A. Schmutz, Esq., and Jennifer A. Bowen, Esq., Morgan, Lewis & Bockius
          LLP, for the protester.
          Maj. ChristinaLynn E. McCoy, Department of the Army, and Laura Mann Eyester,
          Esq., Small Business Administration, for the agencies.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency failed to conduct adequate market research to determine
          appropriateness of small business set-aside by failing to verify the representations of
          small business offerors regarding their capabilities is denied; in the absence of
          evidence that small business sources had misrepresented their capabilities, it was
          reasonable for the contracting officer to rely upon these representations in making
          set-aside determination.
          DECISION

          ViroMed Laboratories protests the decision by the Department of the Army to set
          aside for small business competition request for proposals (RFP) No. W81K04-06-R-
          0014, for Human Immunodeficiency Virus Type 1 (HIV-1) testing and reporting
          services. The protester contends that the contracting officer failed to make
          reasonable efforts to determine whether fair market price offers from two or more
          responsible small business concerns would be received.

          We deny the protest.

          BACKGROUND

          The RFP, which was issued on August 29, 2006, contemplated the award of a
          fixed-price indefinite-delivery/indefinite-quantity contract. The contract was to
          cover a 1-year base, and four 1-year option, periods.

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