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B-416683 1 (2018-10-15)

handle is hein.gao/gaobadvel0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: EDWOSB Transformer Services, LLC File: B-416683 Date: October 15, 2018 David S. Black, Esq., and Mitchell A. Bashur, Esq., Holland & Knight LLP, for the protester. Stephanie B. Young, Esq., Nicholas M. Bidwell, Esq., David C. Gorlin, Esq., and Thomas C. Cordova, Esq., Department of Energy, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's decision not to set aside a solicitation for women- owned small business (WOSB) concerns is denied where the agency met the requirement to consider whether to set aside the procurement for WOSB concerns before setting aside the solicitation for small business concerns, and where the decision to set aside a solicitation for WOSB concerns is discretionary. 2. Protest challenging the agency's decision not to award a sole-source contract to the protester is denied where the agency met the requirement to consider a sole-source award under the WOSB program, and where the decision to make a sole-source award to a WOSB concern is discretionary. DECISION EDWOSB Transformer Services, LLC,1 of Jacksonville, Florida, a woman-owned small business (WOSB), protests the terms of invitation for bids (IFB) No. 89503218BWA000007, which was issued by the Department of Energy (DOE) for electrical substation construction. The protester argues that the agency failed to reasonably consider either a set-aside for WOSB concerns or a sole-source award to the protester. 1 Although the protester's name includes the term EDWOSB, the protester self- certifies as a WOSB, rather than an economically-disadvantaged woman-owned small business (EDWOSB). Protester's Comments, Sept. 10, 2018, at 3 n.3.

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