Northwest Hydraulic Consultants, Inc.

B-266211 Nov 17, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest challenging decision to convert unrestricted procurement into small business set-aside is denied where contracting officer reasonably determined that at least two responsible small businesses would submit reasonably priced offers. The flood studies which are the subject of this procurement are classified as architect-engineer (A-E) services and are required by FEMA to enable the agency to administer a national flood insurance program. FEMA's A-E procurements are conducted under the selection procedures set forth in the Brooks Act. Negotiations are then conducted with that offeror. Which are the standard forms on which interested firms provide and detail their qualifications. Contracts to be awarded for region VII and X were unrestricted. View Decision Matter of: Northwest Hydraulic Consultants, Inc. File: B-266211 Date: November 17, 1995 Protest challenging decision to convert unrestricted procurement into small business set-aside is denied where contracting officer reasonably determined that at least two responsible small businesses would submit reasonably priced offers. Attorneys DECISION Northwest Hydraulic Consultants, Inc. protests the award of a contract to any other firm under synopsis No. 96-065, issued by the Federal Emergency Management Agency (FEMA) for performance of flood studies in various FEMA regions, including FEMA Region X, which covers the states of Alaska, Idaho, Oregon, and Washington. Northwest contends that FEMA improperly converted an unrestricted procurement into a small business set-aside, and that the agency otherwise improperly evaluated technical proposals. We deny the protest. The flood studies which are the subject of this procurement are classified as architect-engineer (A-E) services and are required by FEMA to enable the agency to administer a national flood insurance program. FEMA's A-E procurements are conducted under the selection procedures set forth in the Brooks Act, 40 U.S.C. Secs. 541 et seq. (1988). Under these procedures, after publicly announcing a requirement in the Commerce Business Daily (CBD), the agency establishes an evaluation board to review the performance data and statements of qualifications submitted by interested A-E firms that wish to be considered for this requirement. The evaluation board then conducts discussions with no less than three firms, ranks them, and submits the firms' stated qualifications to a selection official who selects the most highly qualified offeror. Negotiations are then conducted with that offeror. See generally Federal Acquisition Regulation (FAR) subpart 36.6. On March 13, 1995, FEMA published synopsis No. 96-065 in the CBD, stating that it intended to award multiple contracts for flood insurance studies in various geographic regions, and requesting interested parties to submit a completed Standard Form (SF) 254 (A-E and Related Services Questionnaire, see FAR Sec. 53.301-254) and an SF 255 (A-E and Related Services for Specific Project Questionnaire, see FAR Sec. 53.301-255), which are the standard forms on which interested firms provide and detail their qualifications. In the synopsis, FEMA advised prospective firms that contracts for six of the identified regions would be set aside for small businesses; however, contracts to be awarded for region VII and X were unrestricted. The synopsis required all interested A-E firms to submit the required SF 254 and SF 255 by 4 p.m. on April 14. On April 10, Northwest submitted the required forms for the Region X competition. By letter dated May 24, FEMA advised Northwest that the agency had completed its initial evaluation and directed the protester to respond to additional qualification questions by June 7. On May 31, Northwest submitted the supplemental responses to the agency. On September 7, while waiting for the results of the agency's second qualifications evaluation, Northwest learned that the Region X competition had been converted to a total small business set-aside in response to a competitor's protest. On September 20, Northwest filed this protest at our Office, challenging the set-aside decision. The record shows that on April 14, a small business competitor--the Montgomery Water Group (MWG)--filed an agency-level protest with FEMA which argued that the Region X competition should be restricted to small businesses. In response to this protest, the contracting officer referred the matter to the FEMA Director of Small and Disadvantaged Business Utilization (DSDBU) for further consideration.