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B-290682 1 (2002-09-18)

handle is hein.gao/gaocrptaogr0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: LBM, Inc. File: B-290682 Date: September 18, 2002 Frank Moody for the protester. Capt. Charles K. Bucknor, Ralph J. Frick, Esq., and Raymond M. Saunders, Esq., Department of the Army, and Audrey H. Liebross, Esq., and John W. Klein, Esq., Small Business Administration, for the agencies. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The statutory limitation on General Accounting Office's bid protest jurisdiction over challenges to the award or proposed award of a task order under an indefinite- delivery/indefinite-quantity contract does not apply to a protest challenging the transfer to that contract vehicle of an acquisition for services that had been previously set aside exclusively for small businesses without regard to the Federal Acquisition Regulation § 19.502-2(b) requirements pertaining to small business set-asides; this is a challenge to the terms of the underlying solicitation. 2. Protest that the transfer of the acquisition of motor pool transportation services at a particular installation to a multiple-award, indefinite-delivery/indefinite-quantity (ID/IQ) task order contract violates the requirement in Federal Acquisition Regulation § 19.502-2(b) to set aside acquisitions for small businesses where there is a reasonable expectation of receiving fair market price offers from at least two responsible small business concerns is sustained, where the record shows that the agency did not consider the application of this regulation in transferring the acquisition of these services to the ID/IQ contract, even though this work had been set aside for small businesses, and there were at least two small businesses who have performed these services. DECISION LBM, Inc., a small business concern, protests the decision of the Department of the Army Atlanta Contracting Center (AACC) to acquire transportation motor pool services at Fort Polk, Louisiana, under the Logistical Joint Administrative

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