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B-298527 1 (2006-10-12)

handle is hein.gao/gaocrptasqw0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Technical Support Services File: B-298527 Date: October 12, 2006 Ronald S. Perlman, Esq., Ralph C. Thomas, III, Esq., Susan W. Ebner, Esq., and John J. Jacko, III, Esq., Buchanan Ingersoll & Rooney PC, for the protester. Robin Ray Coll, Esq., Naval Air Systems Command, and Lara H. Hudson, Esq., United States Small Business Administration, for the agencies. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where protester's small business size status was challenged in protest to Small Business Administration (SBA), and SBA did not issue size determination within 10 days after filing, but ultimately it determined that protester did not qualify as small business, agency properly proceeded with award to another small business offeror, and was not required by applicable regulations to terminate that contract in order to make award to protester when SBA subsequently reversed size determination on appeal. DECISION Technical Support Services (TSS) protests the award of a contract to Quantell, Inc. under request for proposals (RFP) No. N00421-05-R-0114, issued by the Department of the Navy as a total small business set-aside for administrative and training services. TSS maintains that it is entitled to the award because, although the Small Business Administration (SBA) initially determined that TSS was other than small and thus ineligible for award, SBA's Office of Hearings and Appeal (OHA) reversed that determination. TSS concludes that the Navy, therefore, should be required to terminate Quantell's contract and make award to TSS. We deny the protest. The solicitation was issued on August 15, 2005. On December 19, the Navy announced that TSS was the intended awardee; on December 21, it forwarded protests challenging TSS's size status to the SBA Area 2 regional office; and on

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