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B-299291 1 (2007-03-28)

handle is hein.gao/gaocrptaudt0001 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: MCS Portable Restroom Service File: B-299291 Date: March 28, 2007 Merrill Austin for the protester. Christopher S. Cole, Esq., Department of the Air Force, and John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Nora K. Adkins, Esq., Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Procuring agency is required to make reasonable efforts to ascertain whether an acquisition is suitable for a set-aside for service-disabled veteran-owned small business concerns (SDVOSBC) before it can proceed with a small business set-aside. 2. Procuring agency has the discretion to make a sole-source award to an SDVOSBC if the contracting officer does not have a reasonable expectation that two or more SDVOSBCs would submit bids for the work. DECISION MCS Portable Restroom Service (MCS), a service-disabled veteran-owned small business concern (SDVOSBC), protests the Air Force's decision not to set aside a requirement for SDVOSBCs or, alternatively, to make a sole-source award to an SDVOSBC, for portable chemical toilet services at the United States Air Force Academy and Farish Memorial Park in Colorado, and to instead obtain these services as a small business set-aside under invitation for bids (IFB) No. FA7000-07-B-0002. We sustain the protest. The IFB, issued as a 100-percent small business set-aside, sought a contractor to provide all management, tools, supplies, equipment and labor necessary for the portable chemical toilet services. The IFB provided for an 8-month base period, with 4 option years.

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