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B-419670 Jun 22, 2021 1 (2021-06-22)

handle is hein.gao/gaomsu0001 and id is 1 raw text is: Ijoo      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
Decision                           a GAO Protective Order. This redacted version has
L been approved for public release.
Matter of: Allegiance Environmental Services
File:     B-419670
Date:      June 22, 2021
Jamie F. Tabb, Esq., David Johnson, Esq., and Alison S Harmes, Esq., Vinson & Elkins
LLP, for the protester.
Andrew J. Smith, Esq., Stephen Hernandez, Esq., Philip Aubart, Esq., and Zachary
Jacobson, Esq., Department of the Army; and Mark Hagedorn, Esq., Small Business
Administration, for the agencies.
Christopher An, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest alleging that the Small Business Administration (SBA) improperly accepted a
requirement under the 8(a) program without first performing an adverse impact analysis,
when the requirement had previously been set aside for small business concerns, is
denied. An adverse impact analysis was not required because the requirement was for
the award of an interim contract, which SBA considered to be a new requirement
under SBA's regulations.
DECISION
KDHK Inc. d/b/a Allegiance Environmental Services (AES), a minority-owned, women-
owned small business, of San Antonio, Texas, protests the decision by the Department
of the Army, Health Contracting Activity, and the Small Business Administration (SBA)
to offer (and for the SBA to accept) to the SBA's section 8(a) business development
(BD) program a requirement for healthcare housekeeping and related services at Tripler
Army Medical Center (TAMC) in Hawaii. The contract was awarded on a sole-source
basis to Teya Enterprises, LLC., an Alaska Native Corporation (ANC) of Anchorage,
Alaska. The protester argues that the agency's decision to offer the requirement to
SBA, and SBA's resulting acceptance, were improper. According to AES, the
procurement could not properly be placed into the 8(a) program without an adverse
impact analysis, as required by SBA's regulations.

We deny the protest.

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