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B-297320.2 1 (2005-12-29)

handle is hein.gao/gaocrptaqzy0001 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 Washington, DC 20548 Decision Matter of: Spectrum Security Services, Inc. File: B-297320.2; B-297320.3 Date: December 29, 2005 Timothy H. Power, Esq., for the protester. John S. Pachter, Esq., and Jonathan D. Shaffer, Esq., Smith Pachter McWhorter & Allen, PLC, for Ahuska Security Corporation, the intervenor. Aaron T. Marshall, Esq., Department of Homeland Security, and Kenneth Dodds, Esq., and John W. Klein, Esq., Small Business Administration, for the agencies. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where an agency fails to provide pre-award notification of the identity of the prospective awardee on a small business set-aside and the awardee is ultimately found by the Small Business Administration to be other than small based upon a timely size protest filed after award, the agency should terminate the contract and obtain the services from a small business offeror. 2. Protest that awardee's proposal, on its face, shows that the awardee would not comply with the solicitation's subcontracting limitation is denied, where the solicitation for services provided for the evaluation of base and option requirements and the awardee proposed to perform more than 50 percent of the personnel costs of the contract, considering the entire contract period. 3. Protest that agency improperly considered the corporate experience and past performance of awardee's proposed subcontractor is denied, where the solicitation encouraged offerors to submit such information. DECISION Spectrum Security Services, Inc. protests the award of a contract to Ahuska Security Corporation under request for proposals (RFP) No. HSCEOP-05-R-00001, issued as a small business set-aside by the U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security, for detention officer and transportation services. Spectrum complains that, as found by the Small Business Administration (SBA),

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