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B-282377.2 1 (1999-06-23)

handle is hein.gao/gaocrptajjs0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: EAA Capital Company, LLC File: B-282377.2 Date: June 23, 1999 John J. Ervin for the protester. Michael J. Farley, Esq., Department of Housing and Urban Development, for the agency. Adam Vodraska, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency was not required by Federal Acquisition Regulation (FAR) § 19.502-2(a) to issue a purchase order to the protester as the only responsible small business submitting an acceptable quotation where the agency inadvertently set aside the request for quotations for small business and the FAR set-aside provisions do not apply because the requirement does not involve the expenditure of appropriated funds. DECISION EAA Capital Company, LLC, protests the Department of Housing and Urban Development's (HUD) issuance, without a small business set-aside, of request for quotations (RFQ) No. TESTING 002 for a National Testing Administrator to provide examinations to Federal Housing Administration (FHA) real estate appraisers in all 50 states and U.S. territories.' HUD issued the RFQ without a small business set-aside after it determined that it had inadvertently set aside the identical requirement in an earlier RFQ (No. TESTING 001), following EAA's earlier protest of HUD's selection of Sylvan Prometric, a large business, to be the National Testing Administrator. The protester contends that as the only responsible small business submitting an acceptable quotation under RFQ No. TESTING 001, HUD should have selected EAA and issued it the purchase order for the requirement. We deny the protest. 'The appraisers will be tested on new FHA appraisal handbook requirements and on the proper use of a revised appraisal form (including the appraisers' responsibility to identify property defects and potential hazards).

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