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B-294958.4 1 (2005-01-31)

handle is hein.gao/gaocrptaqte0001 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 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: Capitol CREAG LLC File: B-294958.4 Date: January 31, 2005 James J. Regan, Esq., John E. McCarthy Jr., Esq., and Daniel R. Forman, Esq., Crowell & Moring, for the protester. Kevin P. Mullen, Esq., and David E. Fletcher, Esq., Piper Rudnick, for Jones Lang LaSalle, and Robert H. Koehler, Esq., Patton Boggs, for Trammell Crow Company, the intervenors. Gary F. Davis, Esq., General Services Administration, and John W. Klein, Esq., and Kevin R. Harber, Esq., Small Business Administration, for the agencies. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where a solicitation uses traditional responsibility factors as technical evaluation criteria and where the proposal of a small business concern which otherwise would be in line for award is found ineligible for award based on an agency's evaluation under those criteria, the agency has effectively made a determination that the small business offeror is not a responsible contractor capable of performing the solicitation requirements; accordingly, the agency must refer the matter of the firm's responsibility to the Small Business Administration (SBA) for the possible issuance of a certificate of competency (COC). 2. Where the proposal of a small business concern is not selected for award because the agency concludes that the concern's approach to management and staffing creates a high risk of unacceptable performance, the agency's determination is not tantamount to a nonresponsibility determination and there is no requirement for referral to the SBA for the possible issuance of a COC. DECISION Capitol CREAG LLC, a small business concern, protests the decision by the General Services Administration (GSA) not to award the firm a contract under request for proposals (RFP) No. GS-04P-02-BVD-0035 for the provision of national real estate broker services to support GSA's National Office of Realty Services and 11 regional offices in the acquisition of leasehold interests and related real estate services for

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