Matter of:Ruchman and Associates, Inc.

B-275974 Apr 25, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency's determination not to set procurement aside for small business concerns was proper where agency reasonably concluded. The services are to be provided to the Environmental and Natural Resources Division (ENRD). Most of whom are stationed in one of four (soon to be five) locations in the Washington. There thus is no incumbent contractor or prior procurement history. 000 must be set aside for exclusive small business participation where there is a reasonable expectation that offers will be obtained from at least two responsible small business concerns and that award will be made at fair market prices. We will review an allegation that a procurement should be set aside to determine whether the agency undertook reasonable efforts to ascertain the likelihood of adequate small business competition and whether its determination is reasonable in light of the information obtained through those efforts. View Decision Matter of: Ruchman and Associates, Inc. File: B-275974 Date: April 25, 1997 DIGEST Attorneys DECISION Ruchman and Associates, Inc. (RAI) protests the Department of Justice's (DOJ) decision to issue request for proposals (RFP) No. JHENR-97-0015, for integrated administrative and litigation support services, on an unrestricted basis. RAI contends that the RFP should be set aside for small businesses. We deny the protest. The services are to be provided to the Environmental and Natural Resources Division (ENRD), a DOJ litigating division practicing civil and criminal law nationwide and employing approximately 708 attorneys and legal support professionals, most of whom are stationed in one of four (soon to be five) locations in the Washington, D.C. metropolitan area. This procurement implements the agency's plan to develop contractor-operated integrated services centers in three ENRD locations to perform all mail/messenger/delivery, reproduction, office supply, and records management tasks. ENRD has never before contracted out the full range of services contemplated here; there thus is no incumbent contractor or prior procurement history. Acquisitions expected to exceed $100,000 must be set aside for exclusive small business participation where there is a reasonable expectation that offers will be obtained from at least two responsible small business concerns and that award will be made at fair market prices. Federal Acquisition Regulation (FAR) Sec. 19.502-2(b); American Overseas Book Co., Inc., B-257989, Dec. 1, 1994, 94-2 CPD Para. 217 at 3. We will review an allegation that a procurement should be set aside to determine whether the agency undertook reasonable efforts to ascertain the likelihood of adequate small business competition and whether its determination is reasonable in light of the information obtained through those efforts. Mortara Instrument Inc., B-272461, Oct. 18, 1996, 96-2 CPD Para. 212 at 3-4; State Management Servs., Inc., B-252312, June 21, 1993, 93-1 CPD Para. 474 at 2. The agency proceeded reasonably here. Its conclusion that a set-aside was not appropriate was based on its determination that no small business was likely to have the capability to perform the breadth, amount, and the integrated nature of the services required, the government estimate for which was $90,000,000 (for 1 base and 4 option years). For example, DOJ focused on the fact that the contractor will be required to (1) provide and maintain a great number of copiers and telefacsimile machines of many different types and capabilities, with service to be provided within 30 minutes of a service call; (2) photocopy an estimated 450,000 copies of documents monthly; (3) receive, send, and keep a tracking system of all telefacsimile mail; (4) receive, sort, reroute, and deliver all ENRD mail to and from 15 sites in the Washington, D.C. area; (5) prepare all outgoing mail, including overnight and other special delivery mail; (6) provide courier service, (including providing and maintaining a reliable fleet of vehicles); (7) operate multiple supply rooms in three different buildings (including stocking the supply rooms and delivering office supplies in very short time periods); (8) maintain ENRD's case files, and operate records management centers; (9) staff and maintain the service centers, including as many as six photocopying centers, during the 12-hour normal business day; and (10) maintain a reserve of sufficient personnel, who have received DOJ security clearances, to fill in for absent employees or to respond to a need for extra personnel. The volume and scope of the services to be provided--and consideration of whether the required services are beyond the capacity of small businesses--are a proper focus for the set-aside determination. See, e.g., Mortara Instrument, Inc., supra; CardioMetrix, B-260747, July 18, 1995, 95-2 CPD Para.