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B-292662 1 (2003-11-06)

handle is hein.gao/gaobacyma0001 and id is 1 raw text is: Il im G A 0Comptroller General . .Accountability * Integrity * Reliability of the United States United States General Accounting 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: C. Martin Company, Inc. File: B-292662 Date: November 6, 2003 Alan Dickson, Esq., and Paul C. Burkholder, Esq., Epstein Becker & Green, for the protester. Richard G. Welsh, Esq., and Leonard L. Anthony, Esq., Department of the Navy; Kevin R. Harber, Esq, and John W. Klein, Esq., Small Business Administration, for the agencies. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest contentions that (1) the contracting agency transferred its requirement for housing maintenance services to the Small Business Administration's (SBA) 8(a) contracting program in a bad faith attempt to avoid continued performance under a small business set-aside contract previously awarded to the protester, or to avoid giving the protester an opportunity to compete for the work, and (2) SBA violated its regulations in accepting the work for the 8(a) program, are denied where the record shows that despite inadequacies in the contracting agency's initial offering letter to SBA, SBA ultimately obtained all of the information required by its regulations, and followed its regulatory guidelines in deciding that the offered work was a new requirement under the terms of the regulations. DECISION C. Martin Company, Inc. (CMC) protests a decision by the Department of the Navy and the Small Business Administration (SBA) to place work currently performed by CMC under SBA's 8(a) Business Development (BD) program, for award on a sole- source basis to another contractor. CMC argues that both agencies violated applicable regulations in shifting this work to SBA's 8(a) BD program, and in selecting Field Support Services, Inc. (FSSI), an Alaska Native Corporation participating in that program, for award of the contract. CMC also argues that the Navy was motivated by bad faith when it offered CMC's previous contract to SBA's 8(a) program. We deny the protest.

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