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B-401057 1 (2009-05-04)

handle is hein.gao/gaobadavn0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability Office    DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                 The decision issued on the date below was subject to a
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.

          Decision

          Matter of:  Mission Critical Solutions

          File:       B-401057

          Date:       May  4, 2009

          John R. Tolle, Esq., and Bryan R. King, Esq., Barton Baker Thomas & Tolle, LLP, for
          the protester.
          Capt. Charles D. Halverson, Department of the Army, and John W. Klein, Esq., and
          Laura Mann Eyester, Esq., Small Business Administration, for the agencies.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest is sustained where contracting agency did not consider whether two or more
          qualified Historically Underutilized Business Zone (HUBZone) small businesses
          could be expected to submit offers and whether award could be made at a fair
          market price, as required by the HUBZone statute, 15 U.S.C. § 657a, prior to deciding
          to award contract to an Alaska Native Corporation on a sole-source basis.
          DECISION

          Mission Critical Solutions (MCS) of Tampa, Florida, a firm that is both an 8(a)
          program participant and a qualified Historically Underutilized Business Zone
          (HUBZone)  small business, protests the Department of the Army's award of a
          sole-source contract for information technology (IT) support for the Office of the
          Judge Advocate General to Copper River Information Technology, LLC, of
          Anchorage, Alaska, an Alaska Native Corporation. The protester argues that rather
          than awarding to Copper River on a sole-source basis, the agency should have
          competed the requirement among HUBZone   small businesses.

          We sustain the protest.

          BACKGROUND

          The agency reports that prior to January 2008, the IT support services at issue here
          were provided by a large business. In December 2007, the Army notified the Small
          Business Administration (SBA) that the effort was appropriate for set-aside under
          SBA's 8(a) program and that it intended to award a sole-source contract to MCS (the

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