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B-276912 1 (1997-08-11)

handle is hein.gao/gaocrptagaf0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: CardioMetrix File: B-276912; B-276912.2 Date: August 11, 1997 Robert J. Loring, Ph.D. for the protester. Jan Rich, for CorVel Corp., an intervenor. Ann L. Chaney, Esq., and Henry Valiulis, Railroad Retirement Board, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting agency's determination not to set aside procurement for small business concerns was proper where, based on the procurement history for the solicited services, agency concluded that it could not reasonably expect to receive bids from at least two responsible small business concerns offering a fair market pric e. 2. Solicitation requirement that contractor provide additional medical examiners in cases where a claimant must travel more than 50 miles to an appointment is not improper where requirement reflects the agency's legitimate needs, even though costing the requirement for proposal purposes may be difficult for offerors, resulting in significant contractor risk. DECISION CardioMetrix protests certain terms of solicitation No. 97-B-2, issued by the Railroad Retirement Board (RRB) for disability examination services on a fixed-price, indefinite-quantity basis. CardioMetrix principally asserts that the solicitation should have been set aside for exclusive small business participation. We deny the protest. SET-ASIDE DECISION An acquisition of services over $100,000, such as the one at issue here, is required to be set aside for small business concerns where the contracting officer determines that there is a reasonable expectation that offers will be obtained from at least two responsible small business concerns and that award will be made at fair market prices. Federal Acquisition Regulation (FAR) § 19.502-2(b). Here, the contracting officer's decision not to set the solicitation aside was based on the procurement

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