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B-294703 1 (2004-12-15)

handle is hein.gao/gaocrptapph0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Health & Human Services Group File: B-294703 Date: December 15, 2004 Michael B. Pons for the protester. Michael I. Goulding, Esq., Department of Homeland Security, Bureau of Customs & Border Protection, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that combination of two requirements under single solicitation constituted improper bundling under Small Business Act is denied where the requirement was set aside for award to a small business, there was expression of interest by small businesses, and the agency in fact made award of the contract to a small business. DECISION Health and Human Services Group (HHSG) protests the terms of request for proposals (RFP) No. HSBP1004R0079, issued by the Department of Homeland Security, Bureau of Customs and Border Protection, to acquire services in connection with the agency's Employee Assistance Program (EAP) and Drug Free Workplace Program (DFWP). The protester asserts that the RFP impermissibly bundles these two requirements together in a manner that precludes performance of the requirement by a small business in contravention of the requirements of the Small Business Act, and in a manner that raises what the protester describes as ethical concerns. HHSG also maintains that other aspects of the RFP are improper. We deny the protest. The RFP, a 100-percent small business set-aside, seeks proposals to perform, on a time-and-materials basis, a contract for EAP and DFWP services. The EAP services include a wide range of counseling and training type services for employees experiencing personal problems and productivity issues that may adversely affect their workplace performance; such services include problem identification and assessment, referral, short-term counseling, problem resolution, and follow-up

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