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B-403067 1 (2010-09-16)

handle is hein.gao/gaobadbmd0001 and id is 1 raw text is: 


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A     ,   GA       O                                                 Comptroller General
       Accountability * Integrity * Reliability                       of the United States
 United States Government Accountability Office
 Washington, DC 20548

             D   ..
          Decision


          Matter of:  ONS21  Security Services

          File:       B-403067

          Date:       September  16, 2010

          P.J. Rowdon for the protester.
          Brian A. Darst, Esq., Odin Feldman Pittleman PC, for the intervenor.
          Michael G. McCormack, Esq., Department of the Air Force, and John W. Klein, Esq.,
          and Kenneth Dodds, Esq., Small Business Administration, for the agencies.
          Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Under small business set-aside, where award was made to an offeror determined to
          be a small business by the Small Business Administration's (SBA) area office in
          response to a size status protest, contracting agency was not required under
          applicable regulations to terminate the contract based on a subsequent reversal of
          the area office's size determination by SBA's Office of Hearings and Appeals.
          DECISION

          ONS21  Security Services, of Edgewood, Texas, protests the award of a contract to
          Trinity Technology Group, Inc., of Fairfax, Virginia, under request for proposals
          (RFP) No. FA8630-09-R-5080, issued by the Department of the Air Force for
          communications security (COMSEC)  support services for the Government of
          Pakistan. The protester contends that the agency improperly failed to terminate the
          award after the Small Business Administration's (SBA) Office of Hearings and
          Appeals (OHA) reversed a formal size determination issued by an SBA area office
          finding that the awardee qualified as a small business.

          We deny the protest.

          The agency published a presolicitation synopsis on the FedBizOpps website on
          August 31, 2009, announcing that the RFP would be issued under North American
          Industry Classification System (NAICS) code 541690, Other Scientific and Technical
          Consulting Services, which has a small business size standard of $7 million.
          Subsequent to the notice, the contracting officer determined that, since the RFP's
          performance work statement was more complex than those in routine COMSEC

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