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B-420743 Aug 10, 2022 1 (2022-08-10)

handle is hein.gao/gaonlv0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: ASG Solutions Corporation d/b/a American Systems Group File: B-420743 Date: August 10, 2022 Ritobrata Banerjee for the protester. Andrew McCabe, Esq., and Robert McCall, Esq., Department of the Navy, for the agency. Hannah Barnes, Esq., Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that the agency was required by regulation to conduct a procurement for warehouse services using the Navy's SeaPort Next Generation contract vehicle is denied where the plain language of the regulation exempts the agency from the requirement to consider this contract vehicle when acquiring commercial items. DECISION ASG Solutions Corporation, d/b/a American Systems Group (ASG), a small business of San Diego, California, protests the terms of request for quotations (RFQ) No. N00244- 22-R-0035, issued by the Department of the Navy, Naval Supply Systems Command, for warehouse services in San Diego and Port Hueneme, California. ASG contends that the Navy is required by regulation to conduct this procurement using the Navy's SeaPort Next Generation (SeaPort NxG) contract vehicle. We deny the protest. BACKGROUND On April 28, 2022, pursuant to Federal Acquisition Regulation (FAR) subpart 8.4, the agency issued the RFQ, using General Services Administration (GSA) Federal Supply Schedule (FSS) procedures, as a set-aside for historically underutilized business zone (HUBZone) small business concerns. Agency Report (AR), Tab 2, RFQ at 1. The solicitation sought warehouse services, including material receipt, identification, stowage, and delivery, for Navy ships in San Diego and Port Hueneme. Id. at 10-14.