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B-270391 1 (1996-02-29)

handle is hein.gao/gaocrptadyl0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Hughes & Sons Sanitation File: B-270391 Date: February 29, 1996 Stacey Hughes for the protester. Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency's decision to convert small business set-aside into an unrestricted procurement under simplified acquisition procedures is denied where the decision to withdraw the set-aside was based on the receipt of unreasonably high quotations from small business concerns as judged by the most recent contract prices for similar services and two quotations received from otherwise ineligible large businesses. DECISION Hughes & Sons Sanitation protests the issuance of request for quotations (RFQ) No. 1590-6-0005 as an unrestricted procurement under simplified acquisition procedures, by the Department of the Interior, National Park Service (NPS), for trash collection at Zion National Park and Kolob Canyons. Hughes, a small business, argues that the agency was required to set aside the RFQ for small business concerns because, it asserts, two responsible, responsive small businesses submitted competitive prices under a recently canceled solicitation for these services. We deny the protest. Under the simplified acquisition procedures, an acquisition of services that has an anticipated dollar value exceeding $2,500 and not exceeding $100,000 is reserved exclusively for small business concerns and must be set aside. Federal Acquisition Regulation (FAR) § 13.105(a) (FAC 90-29). An agency can proceed on an unrestricted basis, however, if the contracting officer determines that there is no reasonable expectation of obtaining quotations from two or more responsible small business concerns that will be competitive in terms of market price, quality, and delivery. FAR § 13.105(c)(2). Moreover, if an agency, having set a procurement aside, fails to receive a reasonable quotation from a responsible small business 327229

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