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B-283883 1 (2000-01-20)

handle is hein.gao/gaocrptakyp0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: SAB Company File: B-283883 Date: January 20, 2000 Mitchell W. Quick, Esq., Michael Best & Friedrich, for the protester. Damon Martin, Esq. and Vickie E. O'Keefe, Esq., Naval Facilities Engineering Command, for the agency. Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against agency's determination to set aside procurement for exclusive small business competition is denied where procurement history provided basis for reasonable expectation that offers would be received from at least two responsible small businesses and that award would be at fair market prices; contrary to protester's argument, in making set-aside decisions, agencies need not make determinations tantamount to affirmative determinations of responsibility but, rather need only make an informed business judgment. DECISION SAB Company, a large business concern and the incumbent contractor (as part of a joint venture), protests the determination by the Naval Facilities Engineering Command (NAVFAC) to set aside for exclusive small business competition request for proposals (RFP) No. N62766-99-R-9050, for supplies and services associated with change of occupancy maintenance and occupied rehabilitations of Navy housing on Guam, Mariana Islands. The protester contends that NAVFAC abused its discretion in determining that this procurement should be set aside for small businesses. We deny the protest. The Federal Acquisition Regulation (FAR) directs that an acquisition valued at more than $100,000, as here, be set aside for exclusive small business participation where there is a reasonable expectation that offers will be obtained from at least two responsible small businesses and award will be made at fair market prices. FAR § 19.502-2(b). In this regard, the decision whether to set aside a procurement may be

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