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B-274853 1 (1997-01-08)

handle is hein.gao/gaocrptafrt0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Comint Systems Corporation File: B-274853; B-274853.2 Date: January 8, 1997 Philip F. Hudock, Esq., for the protester. Andrew N. Cook, Esq., and Joel S. Rubinstein, Esq., Bell, Boyd & Lloyd, for Digital Support Corporation, an intervenor. Kenneth A. Lechter, Esq., Department of Commerce, for the agency. Denise A. Benjamin, Esq., and David R. Kohler, Esq., for the Small Business Administratio n. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is sustained where contracting agency's letter offering requirement to Small Business Administration (SBA) for acceptance into 8(a) program failed to comply with the regulatory requirement to provide SBA with complete and accurate information regarding the proposed offering, to the protester's prejudice. 2. Protest is sustained where contracting agency's letter offering requirement to Small Business Administration for acceptance into 8(a) program supported its request for a sole source award to a firm other than protester by estimating the anticipated award price to be below the threshold above which a competitive acquisition must generally be conducted; this estimated award price was unreasonably calculated; and a reasonable calculation yields an estimated award price in excess of the competitive acquisition threshold. DECISION Comint Systems Corporation (Comint) protests the decision of the Department of Commerce, Patent and Trademark Office (PTO), and the Small Business Administration (SBA) to place the work encompassed by its microcomputer hardware maintenance services contract with PTO under SBA's section 8(a) program for award of a sole source contract to Digital Support Corporation. Comint argues that PTO violated the applicable regulations in offering these requirements to SBA. We sustain the protests. 105118

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