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B-299545 1 (2007-05-31)

handle is hein.gao/gaocrptaufi0001 and id is 1 raw text is: 



G a A               O                                                 Comptroller General
.       Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Basic Concepts, Inc.

          File:        B-299545

          Date:        May 31, 2007

          Russell Guffee, Basic Concepts, Inc., for the protester.
          Edward R. Murray, Esq., Defense Logistics Agency, for the agency.
          Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Contracting agency's decision to satisfy its immediate requirements for hazardous
          spill containment units using a contract awarded under the Small Business
          Administration's section 8(a) business development program, while completing an
          ongoing competition reserved for small businesses, is unobjectionable where
          acquiring the items using the 8(a) program does not violate any statute or regulation.
          DECISION

          Basic Concepts, Inc., a small business concern, protests the award of a contract for
          hazardous material spill containment units (or berms)', National Stock Number
          (NSN) 4235-01-419-4798, by the Defense Logistics Agency (DLA) under the Small
          Business Administration's (SBA) section 8(a) business development program. The
          contract was awarded on a noncompetitive basis to Bowhead Manufacturing
          Company, following a decision by DLA to terminate an earlier award to Bowhead
          because of errors pointed out by the protester in an agency-level protest.2 Basic
          argues that the agency acted improperly in not holding a new competition for these
          units.


          1 These units are placed under a vehicle to prevent and contain the release of
          potentially hazardous materials during repairs or maintenance.
          2 Department of Defense (DOD) agencies have been delegated authority to enter into
          8(a) contracts on behalf of the SBA. DOD Federal Acquisition Regulation
          Supplement § 219.80.

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