B-244881, Aug 23, 1991, 91-2 CPD ***

B-244881, Aug 23, 1991, 91-2 CPD ***

PROCUREMENT - Socio-Economic Policies - Small business set-asides - Use - Administrative discretion DIGEST: 1. There is no requirement for procurement, which was previously conducted as a small business set-aside, to be conducted under a repetitive small business set-aside instead of under Small Business Administration's section 8(a) set-aside program, where the agency has neither promulgated regulations requiring a repetitive set-aside nor publicly expressed a clear intention to reserve the requirement through a notice of intent to set it aside. PROCUREMENT - Bid Protests - Moot allegation - GAO review 2. Argument that Small Business Administration (SBA) should have determined potential adverse impact on incumbent small business concern prior to accepting procurement for inclusion in SBA's section 8(a) program is academic where SBA is currently conducting adverse impact study.

Attorneys

Microform Inc.:

Microform Inc. protests the decision of the General Services Administration (GSA) to set aside request for proposals (RFP) No. GS00K89AFC2560, for microfilm and magnetic tape services, under the Small Business Administration's (SBA) section 8(a) program, rather than conduct the procurement as a small business set-aside. /1/

We dismiss the protest.

Microform, a small business concern and the incumbent contractor for this requirement, first complains that by including the procurement in SBA's section 8(a) program, GSA failed to comply with the Federal Acquisition Regulation (FAR) and SBA's regulations which, he claims, provide that services previously procured under a small business set aside, as here, must in the future be procured by set-aside.

There has been no violation of the FAR or SBA's regulations. Under the FAR, once services have been acquired successfully by a contracting office through a small business set-aside, all future requirements of that office for the same services generally must be acquired on the basis of a repetitive setaside, but only if required by agency regulations. FAR Sec. 19.501(g); see Defense Servs., Inc., B-232303.3, Nov. 1, 1988, 88-2 CPD Para. 423. In addition, SBA's regulations provide that where a proposed requirement has not previously been included in the 8(a) program, SBA will accept the proposed requirement for an 8(a) award if the agency has not publicly expressed a clear intention to reserve the requirement through a notice of intent to set it aside. 13 C.F.R. Sec. 124.309(b) (1990); see State Janitorial Servs., Inc., B-240646, Dec. 6, 1990, 90-2 CPD Para. 463. GSA has neither promulgated regulations requiring repetitive set- asides nor synopsized the procurement here in the Commerce Business Daily or elsewhere as a small business set-aside. This basis of protest therefore is without merit.

The protester also argues that, prior to accepting the procurement for inclusion in SBA's section 8(a) program, SBA should have determined the potential adverse impact on Microform as the incumbent small business contractor. See 13 C.F.R. Sec. 124.309(c). The record shows, however, that SBA currently is conducting an adverse impact study on Microform as part of its determination whether to accept the procurement into the 8(a) program. This basis of protest thus is academic. See Constantine N. Polites & Co., B-239389, Aug. 16, 1990, 90-2 CPD Para. 132.

The protest is dismissed.

/1/ Section 8(a) of the Small Business Act authorizes SBA to enter into contracts with government agencies and to arrangefor the performance of such contracts by letting subcontractsto socially and economically disadvantaged small business concerns. 15 U.S.C. Sec. 637(a) (1988).