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B-298730 1 (2006-12-08)

handle is hein.gao/gaobaczro0001 and id is 1 raw text is: I G A 0Comptroller General KA 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: ALATEC Inc. File: B-298730 Date: December 4, 2006 Gary L. Rigney, Esq., for the protester. Craig S. King, Esq., and Richard J. Webber, Esq., Arent Fox PLLC, for The Analysis Group, LLC, an intervenor. Capt. John J. Pritchard, Department of the Army, and John W. Klein, Esq., and Laura Mann Eyester, Esq., U.S. Small Business Administration, for the agencies. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where the Small Business Administration (SBA) determined, in response to a timely size protest, that the awardee under a procurement set aside for small businesses was other than small after the 10-day period during which the SBA was required to issue the size determination and the agency, therefore, proceeded with award, and there was a stay of contract performance because of a protest to GAO, during which the SBA Office of Hearings and Appeals affirmed that the awardee was other than small, the agency, in the absence of any legitimate countervailing reasons for not taking such action, should have terminated the large business's contract, since to allow the continuation of the contract award by a large business in such circumstances would be inconsistent with the integrity of the procurement system and the Small Business Act. DECISION ALATEC, Inc. protests the award of a contract to The Analysis Group, LLC (TAG) under request for proposals (RFP) No. W91QF4-05-R-0011, a total small business set-aside, issued by the Department of the Army, Fort Leavenworth, Kansas, for engineering and technical support services. ALATEC contends that its and TAG's proposals were unreasonably evaluated, and that TAG's contract should be terminated because the Small Business Administration (SBA) has determined that TAG is not a small business concern. We sustain the protest.

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