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B-278929.7 1 (1999-02-11)

handle is hein.gao/gaocrptajej0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Jensco Marine, Inc. File: B-278929.7 Date: February 11, 1999 James M. Jacobs for the protester. John A. Douglas, Esq., for General Offshore Corporation, an intervenor. Arthur I. Rettinger, Esq., and William P. McGinnies, Esq., U.S. Customs Service, for the agency. David R. Kohler, Esq., and Kenneth Dodds, Esq., for the Small Business Administration. Adam Vodraska, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency's failure to give notice to unsuccessful offerors of an impending small business set-aside award prior to the actual award provides no basis for disturbing the award where the protester was not prejudiced by this procedural deficiency because it was able to file a timely size status protest with the Small Business Administration (SBA), which determined the awardee to be a small business concern. Although, on appeal, the SBA's Office of Hearing and Appeals (OHA) reversed the size determination, finding the awardee to be other than a small business due to its affiliation with a large business, such OHA rulings received after award do not apply to that acquisition and the protester has not shown that, even if the agency had provided the required pre-award notice, the agency would likely have been precluded from awarding the contract pending the issuance of the OHA ruling. DECISION Jensco Marine, Inc. protests the award of a contract to General Offshore Corporation under request for proposals (RFP) No. CS-97-012, issued as a total small business set-aside by the U.S. Customs Service, Department of the Treasury, for marine vessel maintenance. We deny the protest. BACKGROUND Customs operates a fleet of marine vessels located throughout the United States engaging in drug interdiction and other law enforcement activities. The RFP, issued

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