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B-291952 1 (2003-05-14)

handle is hein.gao/gaobacyhs0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Information Ventures, Inc. File: B-291952 Date: May 14, 2003 Bruce H. Kleinstein for the protester. Michael K. Cameron, Esq., Federal Emergency Management Agency, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly canceled presolicitation notice of intent to procure services under small business set-aside solicitation in order to instead solicit quotations from Federal Supply Schedule (FSS) vendors is denied, where agency reasonably determined that such services were available under the FSS; agencies need not consider small business programs when purchasing from the FSS. DECISION Information Ventures, Inc. protests the Federal Emergency Management Agency's (FEMA) determination to purchase web site usability and design review services for the U.S. Fire Administration (USFA) from the General Services Administration's (GSA) Federal Supply Schedule (FSS), rather than under a small business set-aside solicitation. We deny the protest. On January 9, 2003, FEMA posted a presolicitation notice in Federal Business Opportunities announcing its intent to solicit web site usability and design review services for the USFA under a solicitation set aside for small business concerns. Agency Report (AR), Statement of Facts, Mar. 13, 2003, at 1. Subsequently, FEMA learned that the services were available under the FSS, and the contracting officer asked GSA to identify the applicable schedule. GSA advised FEMA that the required services fall within Schedule 738 I, Marketing, Media and Public Information Services (MMPIS). AR, attach. 2, at 1. Thereafter, FEMA canceled the presolicitation notice and solicited quotations from FSS vendors. Information Ventures, which is not an FSS vendor, initially challenged the agency's actions in an

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