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B-279161 1 (1998-04-20)

handle is hein.gao/gaocrptahrq0001 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-279161; B-279162; B-279187; B-279188 Date: April 20, 1998 John J. Ervin for the protester. Shari Weaver, Esq., and 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 1. General Accounting Office will not consider allegation that Department of Housing and Urban Development's use of the section 8(a) program to meet its needs for various types of services is unconstitutional in light of Adarand Constructors, Inc. v. Pefia and City of Richmond v. J. A. Croson Co. because neither decision constitutes clear judicial precedent on the constitutionality or legality of the contracting agency's use of this program. 2. General Accounting Office will not consider challenge to contracting agency's use of section 8(a) set-aside solicitations as part of its procurement strategy where there is no showing that regulations may have been violated or of possible bad faith on the part of government officials. DECISION Ervin and Associates, Inc. protests the Department of Housing and Urban Development's (HUD) decision to satisfy its requirements for two categories of services--due diligence services for HUD's Housing Programs and comprehensive services for the Assistant Secretary for Housing-Federal Housing Commissioner--by issuing, for each category of services, one solicitation set aside for participants in the Small Business Administration's (SBA) section 8(a) program and one solicitation subject to full and open competition. Ervin argues that HUD's use of the section 8(a) program to satisfy its needs is unconstitutional and that HUD's parallel procurement strategy is otherwise impro per. We deny the protests. Section 8(a) of the Small Business Act authorizes SBA to enter into contracts with government agencies and to arrange for the performance of such contracts by

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