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B-292319.7 1 (2004-02-24)

handle is hein.gao/gaocrptapho0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Planned Systems International, Inc. File: B-292319.7 Date: February 24, 2004 Jonathan D. Shaffer, Esq., Smith Pachter McWhorter & Allen, for the protester. Robert K. Tompkins, Esq., Patton Boggs, for Advanced Management Technology, Inc., an intervenor. David T. Truong, Esq., National Science Foundation, and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Award of delivery order under small business set-aside procurement was legally unobjectionable--despite Small Business Administration's (SBA) determination in response to timely-filed size protest that awardee was not a small business concern-- where agency delayed the award as required by the Federal Acquisition Regulation, and award was made before SBA's determination was finally issued. DECISION Planned Systems International, Inc. (PSI) protests the award of a delivery order to Advanced Management Technology, Inc. (AMTI) under request for quotations (RFQ) No. DACS-03-0032, issued by the National Science Foundation (NSF) for information technology (IT) services. PSI argues that AMTI is ineligible for award because the Small Business Administration (SBA) determined that AMTI was other than a small business for purposes of this procurement. We deny the protest. NSF conducted the procurement using the General Services Administration (GSA) Federal Supply Schedule (FSS), and limited the competition to small businesses with a contract under Schedule 70, Special Item Number 132-51. Following the submission and evaluation of quotations, on July 25, 2003, NSF selected AMTI for award and notified PSI of the award decision. On July 30, PSI filed a size status protest with NSF, arguing that AMTI was not a small business, and therefore was

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