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B-290682.2 1 (2003-01-09)

handle is hein.gao/gaobacydx0001 and id is 1 raw text is: Il im G A 0Comptroller General --- --Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Department of the Army--Request for Modification of Recommendation File: B-290682.2 Date: January 9, 2003 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 Agency request for modification of recommendation in LBM, Inc., B-290682, Sept. 18, 2002, 2002 CPD ¶157, to recognize that the agency may limit the competition to small business holders of indefinite-delivery/indefinite-quantity contracts in conducting a small business set-aside required by Federal Acquisition Regulation § 19.502-2(b) is denied because the Competition in Contracting Act of 1984 provides for full and open competition among eligible small business concerns for acquisitions required to be set aside for small businesses. DECISION The Department of the Army requests that we modify the recommendation we made in our decision in LBM, Inc., B-290682, Sept. 18, 2002, 2002, CPD ¶157, in which we sustained LBM's protest of the Army's decision to acquire transportation motor pool services at Fort Polk, Louisiana, under the Logistical Joint Administrative Management Support Services (LOGJAMSS) contracts. We found that the Army's failure to consider whether this requirement should be set aside for exclusive small business participation violated Federal Acquisition Regulation (FAR) § 19.502-2(b) (the so-called rule of two), which requires an agency 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. We recommended that the Army consider whether, in accordance with FAR § 19.502-2(b), the transportation motor pool services at Fort Polk should be set aside exclusively for small business participation.