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B-404941 1 (2011-06-27)

handle is hein.gao/gaobadbvr0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Ohana Industries, Ltd. File: B-404941 Date: June 27, 2011 Mary Ann Gardis, and Neil Gardis, Ohana Industries, Ltd., for the protester. Sherry Kinland Kaswell, Esq., Department of the Interior, and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Jacqueline Maeder, Esq., Scott H. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against Small Business Administration's (SBA) acceptance of a requirement into SBA's section 8(a) program is denied where the record shows that SBA properly determined that the acquiring agency's requirement was new, and thus exempt from the requirement that SBA determine that award under the section 8(a) program would not result in an adverse impact to another small business concern. DECISION Ohana Industries, Ltd., of Clarkson, Kentucky, protests the decision of the Department of the Interior, Fish and Wildlife Service (FWS) and the Small Business Administration (SBA), to place an FWS requirement for restoration/construction work on the historic Kilauea Lighthouse, Kilauea Point National Wildlife Refuge, Kauai, Hawaii, under SBA's section 8(a) program for award of a sole-source contract to McMillen LLC, of Boise, Idaho. Ohana contends that FWS's decision to offer this requirement to SBA, and SBA's resulting acceptance of the requirement into the section 8(a) program, were improper. We deny the protest. The requirement is for design/build services for Phase II restoration/construction work on the Kilauea Lighthouse structure, the lightkeepers's quarters, an oil storage building and landing station. Ohana, a small business concern, competed successfully for the Phase I contract, which was limited to the repair and rehabilitation of the historic lantern of the Kilauea Lighthouse.

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