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B-266211 1 (1995-11-17)

handle is hein.gao/gaocrptacfr0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Northwest Hydraulic Consultants, Inc. File: B-266211 Date: November 17, 1995 John Lukjanowicz, Esq., and Robert J. Burke, Esq., Oles Morrison & Rinker, for the protester. Lafayette N. Johnson, Esq., Federal Emergency Management Agency, for the agency. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging decision to convert unrestricted procurement into small business set-aside is denied where contracting officer reasonably determined that at least two responsible small businesses would submit reasonably priced offers. DECISION Northwest Hydraulic Consultants, Inc. protests the award of a contract to any other firm under synopsis No. 96-065, issued by the Federal Emergency Management Agency (FEMA) for performance of flood studies in various FEMA regions, including FEMA Region X, which covers the states of Alaska, Idaho, Oregon, and Washington. Northwest contends that FEMA improperly converted an unrestricted procurement into a small business set-aside, and that the agency otherwise improperly evaluated technical proposals. We deny the protest. The flood studies which are the subject of this procurement are classified as architect-engineer (A-E) services and are required by FEMA to enable the agency to administer a national flood insurance program. FEMA's A-E procurements are conducted under the selection procedures set forth in the Brooks Act, 40 U.S.C. §§ 541 et seg. (1988). Under these procedures, after publicly announcing a requirement in the Commerce Business Daily (CBD), the agency establishes an evaluation board to review the performance data and statements of qualifications submitted by interested A-E firms that wish to be considered for this requirement. The evaluation board then conducts discussions with no less than three firms, ranks them, and submits the firms' stated qualifications to a selection official who selects the most highly qualified offeror. Negotiations are then conducted with that offeror. See generally Federal Acquisition Regulation (FAR) subpart 36.6. 9451117

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