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B-271079.6 1 (1996-08-12)

handle is hein.gao/gaocrptaecv0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Resource Applications, Inc. File: B-271079.6 Date: August 12, 1996 Jacob B. Pompan, Esq., and Gerald H. Werfel, Esq., Pompan, Ruffner & Werfel, for the protester. J. Michael Slocum, Esq., Slocum, Boddie & Murry, for RAO Enterprises, Inc. d/b/a Integrated Laboratory Systems, an intervenor. Anthony G. Beyer, Esq., Environmental Protection Agency, for the agency. Mary G. Curcio, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Procuring agency properly proceeded with award under small business set-aside procurement without providing generally required pre-award notice to unsuccessful offerors where agency made reasonable urgency determination, an exception under which pre-award notice is not required; although Small Business Administration (pursuant to a timely size protest) subsequently determined that awardee is other than small, and this size determination applies to current procurement, the contract need not be terminated where there is no other offeror eligible for award and the agency continues to have an urgent need for the services. DECISION Resource Applications, Inc. (RAI) protests the award of a contract to RAO Enterprises, Inc. d/b/a Integrated Laboratory Systems (RAO), under request for proposals (RFP) No. D500055R1, issued by the Environmental Protection Agency (EPA) for performance of Environmental Service Assistance Team (ESAT) support services for various EPA programs. We deny the protest. Two offerors, RAI and RAO, responded to the solicitation. RAI's proposal was eliminated from the competitive range after initial proposals were evaluated based on a number of serious proposal deficiencies that led the agency to conclude that RAI's proposal could be made acceptable only if it was substantially rewritten. On January 30, 1996, the EPA executed a written determination, pursuant to Federal Acquisition Regulation (FAR) § 15.1002(b)(2), that urgency necessitated award to RAO without advance notice to RAI; EPA made award to RAO on January 31. After 1041813

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