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B-421254.9,B-421254.10 Dec 04, 2023 1 (2023-12-04)

handle is hein.gao/gaopoi0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Steiner Construction Company, Inc. File: B-421254.9; B-421254.10 Date: December 4, 2023 Jacob W. Scott, Esq. and Karl F. Dix, Jr., Esq., Smith, Currie & Hancock, LLP, for the protester. James A. Tucker, Esq., W. Jay DeVecchio, Esq., Alissandra D. Young, Esq., Victoria D. Angle, Esq., and Michaela E. Thornton, Esq., Morrison & Foerster LLP, for the intervenor. Gabriel D. Soll, Esq., Department of Homeland Security, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency's decision to continue with performance of a contract where the Small Business Administration (SBA) Area Office's initial determination that the awardee was an eligible small business for purposes of the procurement was subsequently vacated is dismissed for failure to state a valid basis of protest where the protest relies on an inapplicable Federal Acquisition Regulation (FAR) section and fails to demonstrate that the agency has violated a procurement statute or regulation. DECISION Steiner Construction Company, Inc., a small business of Bayou La Batre, Alabama, protests the continued performance of a contract awarded to Birdon America, Inc. under solicitation No. 70ZO2321 RPRT00300, issued as a small business set-aside by the Department of Homeland Security, United States Coast Guard (USCG) for the design and production of 27 vessels for its waterways commerce cutter program. The protester contends that USCG's decision to permit Birdon to continue performance of the contract is unreasonable and violates Federal Acquisition Regulation (FAR) requirements to either terminate the contract or not exercise further contract options. We dismiss the protest because it is legally insufficient and fails to state a valid basis of protest.

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