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B-401092 1 (2009-04-22)

handle is hein.gao/gaobadauy0001 and id is 1 raw text is: AlL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: AHNTECH, Inc. File: B-401092 Date: April 22, 2009 Leigh T. Hansson, Esq., Gregory S. Jacobs, Esq., and Steven D. Tibbets, Esq., Reed Smith LLP, for the protester. Lt. Col. Mark E. Allen, Department of the Air Force, and John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Small Business Administration (SBA) properly accepted requirement for operations, maintenance and support of an Air Force range into the 8(a) program without determining whether acceptance would have an adverse impact on an existing small business that had been performing similar services at the range where based on the record there is no reason to object to the SBA and the Air Force decision that the services to be obtained under the 8(a) program constituted a new requirement. DECISION AHNTECH, Inc. of San Diego, California protests the decision by the Department of the Air Force, Air Force Special Operations Command (AFSOC) and the Small Business Administration (SBA) to place a requirement for operations, maintenance and support of the Melrose Range in New Mexico under the SBA's section 8(a) program for award on a sole-source basis to Glacier Technologies, LLC of El Paso, Texas, an Alaska Native Corporation. We deny the protest. On November 16, 1999, the Air Force's Air Combat Command (ACC) awarded a small business set-aside contract to AHNTECH for operation support of its 11 primary training ranges (PTR), which included both the bombing and gunnery range and the electronic combat range at Melrose. This contract ended on July 31, 2007. The Air Force and AHNTECH entered into a follow-on contract on August 1, 2007. Contracting Officer's Statement (COS) at 2. At that time, AHNTECH was aware that

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