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B-400615 1 (2008-12-11)

handle is hein.gao/gaobadari0001 and id is 1 raw text is: G A 0Comptroller General c Accountability * Integrity * Reliability of the United States 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 version has been approved for public release. Decision Matter of: Madison Services, Inc. File: B-400615 Date: December 11, 2008 Wayne A. Keup, Esq., for the protester. Michelle Anderson, Esq., Federal Emergency Management Agency, and Kenneth W. Dodds, Esq., Small Business Administration, for the agencies. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Small Business Administration's (SBA) decision to accept requirements into its 8(a) program, notwithstanding the fact that the solicitations for the requirements previously had been issued as small business set-asides, is unobjectionable where SBA concluded that the relevant procurement history supported the view that the initial small business set-asides were issued in error and therefore justified the application of the extraordinary circumstances provision under SBA's regulations. 2. SBA properly accepted requirements into the 8(a) program without first determining whether doing so would have an adverse impact on existing small business concerns where the requirements qualified as new under SBA's regulations. DECISION Madison Services, Inc. of Madison, Mississippi protests the terms of solicitation Nos. HSFEMS-08-R-0041, for septic bladder pumping services in Mississippi, and HSFEMS-08-R-0042, for travel trailer deactivation services in Mississippi, issued by the Federal Emergency Management Agency (FEMA). Madison argues that the solicitations should not have been set aside under section 8(a) of the Small Business Act and its implementing regulations, and that the solicitations are defective because they fail to include past performance as an evaluation factor. We deny the protest. By way of background, in 2005, FEMA issued two multiple award, fixed-price indefinite-delivery/indefinite-quantity (ID/IQ) contracts for a wide array of services related to the maintenance and deactivation of mobile homes and travel trailers in

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