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B-290676 1 (2002-08-15)

handle is hein.gao/gaocrptaogq0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Carriage Abstract, Inc. File: B-290676; B-290676.2 Date: August 15, 2002 Alfred J. Verdi, Esq., for the protester. Richard A. Marchese, Esq., Department of Housing and Urban Development, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's award of contracts to three small businesses, without consideration of protester's large business offer, is unobjectionable where the awards were made in accordance with solicitation terms providing a cascading set-aside preference for small business awards, without consideration of any large business offer received, where two or more competitive offers were received from qualified small business concerns. DECISION Carriage Abstract, Inc. protests the award of three contracts to small business concerns under request for proposals (RFP) No. R-PHI-00851, issued by the Department of Housing and Urban Development (HUD) for real estate closing agent services related to the sale of HUD-owned single-family residences in Maryland. Three contracts were contemplated under the RFP--one for each of three geographic regions--for a base year and two option periods. Carriage, a large business and the incumbent provider of the required services, contends that the agency was required to consider its proposal and that, in not doing so, the agency improperly awarded contracts to small business offerors in excess of fair market prices. We deny the protest. As a matter of background, the current requirement is a reprocurement of services initially solicited as a total small business set-aside procurement, under which a contract had been awarded to Carriage. That procurement was cancelled, however, due to a successful size status protest filed with the Small Business Administration

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