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B-402643 1 (2010-06-25)

handle is hein.gao/gaobadbjh0001 and id is 1 raw text is: G A 0 Comptroller General 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. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: JXM, Inc. File: B-402643 Date: June 25, 2010 Ronald J. Shaw, Esq., The Shaw Law Firm, for the protester. Maj. Patrick L. Vergona, Department of the Army; and John W. Klein, Esq., and Laura Mann Eyester, Esq., Small Business Administration, for the agencies. Paul N. Wengert, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly issued a sole-source contract to an Alaska Native Corporation under the Small Business Administration's 8(a) program, after canceling an earlier competitive 8(a) solicitation, is denied where agency's requirement had substantially increased, the agency reasonably described the procurement as a new requirement, and the SBA properly accepted the requirement for sole-source award. 2. Protest that agency improperly bundled requirements for hospital environmental services is denied, where the protester has not alleged sufficient facts to show that it was precluded from competition by the alleged improper bundling, or that requirements were consolidated or unsuitable for award to small businesses. DECISION JXM, Inc., an 8(a) small business in San Antonio, Texas, protests the award of a sole-source contract to Ahtna Facility Services, Inc., an 8(a) Alaska Native Corporation (ANC) in Anchorage, Alaska, by the Department of the Army under request for proposals (RFP) No. W81K04-10-R-0006 for hospital environmental services at various medical treatment facilities in Fort Sam Houston and Camp Bullis in Texas. JXM argues that the Army mischaracterized the RFP as a new requirement in order to use the Small Business Administration's (SBA) 8(a) program to award a sole-source contract to Ahtna, and that the Army has engaged in improper bundling under the Competition in Contracting Act and the Small Business Act. We deny the protest. BACKGROUND

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