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B-400616 1 (2008-11-20)

handle is hein.gao/gaobadaqq0001 and id is 1 raw text is: JiL AL G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Major Contracting Services, Inc. File: B-400616 Date: November 20, 2008 Barry Jenkins for the protester. Lt. Col. Vince Vanek, Department of the Army, and Kevin R. Harber, Esq., Small Business Administration, for the agencies. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where an awardee was found to be ineligible for service-disabled veteran-owned small business concern (SDVOSBC) status by the Small Business Administration (SBA) and the SBA's Office of Hearings and Appeals based on a timely status protest filed after award under an SDVOSBC set-aside, the agency was not required to terminate the contract under the SBA's applicable regulations. DECISION Major Contracting Services, Inc. (MCS) of Colorado Springs, Colorado, protests the decision of the Army to continue performance of a contract awarded to DAV Prime/Vantex Service Joint Venture (DAV Prime JV) of Larue, Texas, under solicitation No. W911S2-08-T-3009 for portable chemical toilet services at Fort Drum, New York, which was issued as a service-disabled, veteran-owned, small business concern (SDVOSBC) set-aside. MCS contends that the Army must terminate DAV Prime JV's contract because the Small Business Administration (SBA) and the SBA Office of Hearings and Appeals (OHA) determined that DAV Prime JV was not an eligible SDVOSBC. We deny the protest. The request for quotations (RFQ) for portable chemical toilet services for a base period and four 1-year options was posted to the government point of entry, www.fedbizopps.org, on March 14, 2008. The RFQ was issued as a 100-percent set-aside for SDVOSBCs. The procurement was conducted using simplified

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