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B-290925 1 (2002-10-23)

handle is hein.gao/gaocrptaohn0001 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: Intermark, Inc. File: B-290925 Date: October 23, 2002 John N. Ford, Esq., and John M. Manfredonia, Esq., McAleese & Associates, for the protester. Col. Michael R. Neds and Capt. Ronald D. Sullivan, Department of the Army, for the contracting agency. Jeffrey B. Rosen, Esq., for the Department of Education. John W. Klein, Esq., and Kenneth Dodds, Esq., for the Small Business Administration. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly withdrew small business set-aside in favor of full and open competition on basis that Randolph-Sheppard Act (RSA) State Licensing Agency (SLA), which is not a small business concern, expressed interest in requirement, and agency is required to consult with Secretary of Education with a view to making award to SLA under the RSA if its proposal is in competitive range; there is no basis for eliminating the set-aside altogether, since agency can serve the purpose of the RSA by issuing a solicitation that is generally restricted to small businesses but also provides for participation by the SLA in the procurement. DECISION Intermark, Inc. protests the terms of request for proposals (RFP) No. DABTO1-02-R- 0003, issued by the Department of the Army to acquire full food services at Fort Rucker, Alabama. Intermark maintains that the agency has improperly issued the solicitation on an unrestricted basis rather than as a small business set-aside. We sustain the protest. The agency has in the past procured this requirement using small business set-aside procedures and Intermark, a small business, is the incumbent contractor. On February 21, 2002, the Army issued a presolicitation notice indicating that the requirement would again be satisfied using small business set-aside procedures.

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