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B-291402.3,B-291402.4 1 (2003-02-06)

handle is hein.gao/gaobacyfb0001 and id is 1 raw text is: I 7=Accountability * Integrity * Reliability Decision Matter of: Phil Howry Company File: B-291402.3; B-291402.4 Date: February 6, 2003 Kathleen C. Little, Esq., and Robert J. Rothwell, Esq., Vinson & Elkins, for the protester. Keith S. Francis, Esq., Department of the Army, and Laura Mann Eyester, Esq., and John Klein, Esq., Small Business Administration, for the agencies. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest sustained where agency effectively determined small business, which submitted sole proposal on section 8(a) set-aside, to be nonresponsible based solely on what amounted to pass/fail evaluation of the protester's past performance, without referring the matter to the Small Business Administration under certificate of competency procedures. DECISION Phil Howry Company (PHC) protests the United States Army Corps of Engineers' decision not to award PHC the contract under request for proposals (RFP) No. DACW64-02-R-0008 for construction of a health care facility at the Port Isabel Service Processing Center in Los Fresno, Texas, and the subsequent cancellation of the RFP. We sustain the protests. BACKGROUND The RFP was issued as a section 8(a) set-aside.' It provided for the award of a fixed-price contract to the responsible bona fide 8(a) Offeror Region 6 whose 'Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) (2000), authorizes the Small Business Administration (SBA) to enter into contracts with government (continued...)

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