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B-278850 1 (1998-03-23)

handle is hein.gao/gaocrptahqk0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Ervin and Associates, Inc.

             File:       B-278850

             Date:       March 23, 1998

             John J. Ervin for the protester.
             Michael J. Farley, Esq., Department of Housing and Urban Development, for the
             agency.
             Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Protest that task order improperly exceeds the scope of the contract originally
             awarded is sustained; while the types of accounting support services required under
             the contract and the task order are quite similar, the scope of services under the
             contract is reasonably limited to serving the purpose for which the contract was
             awarded, which was distinctly different from the purpose for which the task order
             was issued.
             DECISION

             Ervin and Associates, Inc. protests the Department of Housing and Urban
             Development's (HUD) decision to issue a task order to Gardiner, Kamya &
             Associates, P.C. under contract No. DU100C000018477, for accounting support
             services. Ervin argues that the task order is beyond the scope of Gardiner, Kamya's
             contract and that HUD should have conducted a competition for the acquisition.

             We sustain the protest.

             BACKGROUND

             Gardiner, Kamya's Contract

             On February 17, 1995, HUD issued request for proposals (RFP)
             No. DU100C000018424 as a set-aside for eligible firms under the Small Business
             Administration's (SBA) section 8(a) program.1 The solicitation anticipated the


             1Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) (1994), authorizes the
             SBA to contract with government agencies and to arrange for the performance of
             such contracts by awarding subcontracts to socially and economically
             disadvantaged small businesses.

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