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B-281414 1 (1999-02-05)

handle is hein.gao/gaocrptajgr0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: BiVAR & Associates, Inc. File: B-281414 Date: February 5, 1999 Donald E. Barnhill, Esq., Joan K Fiorino, Esq., and Valinda J. Astoria, Esq., Douglas & Barnhill, for the protester. Maj. David Newsome, Department of the Army; and Denise Benjamin, Esq., Small Business Administration, for the agencies. Christina Sklarew, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Allegation by small business contractor performing under an interim contract that the Small Business Administration (SBA) failed to properly determine the adverse impact on the protester of accepting a contract requirement for the same services into the 8(a) program is denied where the protester merely disagrees with SBA's conclusion and does not show any violation of applicable regulations. DECISION BMAR & Associates, Inc. protests the decision by the Department of the Army and the Small Business Administration (SBA) to place request for proposals (RFP) No. DAKF19-98-R-0001 for maintenance and operations services in SBA's 8(a) business development program. BMAR, a small business contractor that has been performing these services on an interim basis since October 1997 through task orders placed under a previously awarded contract, contends that SBA did not properly analyze all relevant factors, as required by SBA regulations, in determining the adverse impact on BMAR from setting the requirement aside for the 8(a) pro gram. We deny the protest. Previously, by letter dated July 29, 1996, the Directorate of Contracting at Fort Riley, Kansas offered a requirement for maintenance and operations services for all non-medical electrical and mechanical equipment at the Fort Riley MEDDAC/ DENTAC facilities and related energy plant to SBA for award under the 8(a) business development program. The SBA Wichita District Office determined that, because the requirement involved a new procurement, it would not be necessary to perform an adverse impact analysis, and concluded that the offering was suitable for acceptance under the program. Accordingly, SBA's Central Office accepted the

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