Global Solutions Network, Inc., B-292568, October 3, 2003

B-292568 Oct 03, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency's determination not to set aside procurement for Historically Underutilized Business Zone (HUBZone) businesses was reasonably based on the agency's determination that it did not expect to receive proposals from at least two responsible HUBZone firms capable of satisfying this solicitation's particular requirements at fair market prices. Should have been set aside for Historically Underutilized Business Zone (HUBZone) businesses. The RFP states that certain personnel must have a minimum of 5 years experience managing. That these individuals have experience using these types of data in hazardous waste site investigations or aquatic ecological risk assessment. That these individuals must have a minimum of 5 years experience working with contaminants and waste site data. View Decision Global Solutions Network, Inc., B-292568, October 3, 2003 DIGEST Attorneys DECISION Global Solutions Network, Inc. protests the terms of solicitation No. AB133C-03-RP-0047, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for database management support services to support and maintain NOAA's environmental databases. Global maintains that the RFP, issued as a small business set aside, should have been set aside for Historically Underutilized Business Zone (HUBZone) businesses. We deny the protest. The RFP, issued June 18, 2003 as a small business set aside, contemplated the award of an indefinite-delivery, indefinite-quantity contract for a base year with 4 option years. The statement of work required services to develop and maintain NOAA's environmental databases in three general categories: (1) to serve as an integral component of NOAA's Watershed Database and Mapping Projects, (2) to support site-specific investigations, including evaluations of risk to NOAA resources at priority waste sites, and (3) to explore innovative approaches for evaluating sediment chemistry and toxicity and to develop new guidelines for screening sediment in support of risk assessment. The RFP requires a high level of environmental database management expertise and programming experience in both Microsoft FoxPro and Microsoft Access. In this regard, the RFP states that certain personnel must have a minimum of 5 years experience managing, designing, and developing environmental databases and database applications using Microsoft FoxPro or Microsoft Visual FoxPro, and Microsoft Access, and that these individuals have experience using these types of data in hazardous waste site investigations or aquatic ecological risk assessment; and that these individuals must have a minimum of 5 years experience working with contaminants and waste site data, including ecological risk assessment. Prior to issuing the solicitation the contracting officer advertised on the Federal Business Opportunities (FedBizOpps) website (www.arnet.gov/FedBizOpps/) to notify small businesses of the upcoming solicitation set aside for small businesses, and to provide them an opportunity to request a copy. Agency Report, Tab 1, FedBizOpps Notice (Feb. 28, 2003). /1/ In May, the contracting officer received a call from a HUBZone firm inquiring whether the upcoming solicitation would be set aside for HUBZone concerns. The contracting officer replied that the incumbent firm was a small business and that, as she was unaware of two or more HUBZone firms that would meet the solicitation requirements to perform the work, there was currently no plan to set the solicitation aside for HUBZone concerns. Apparently as a consequence of the call, the contracting officer then conducted a search on the Small Business Administration's (SBA) Procurement Marketing Access Network (Pro-Net) to identify certified HUBZone firms working in the field of database management. /2/ The contracting officer found nine firms that met the search criteria. The contracting officer then reviewed the qualifications of four of the nine firms (selected randomly), and determined that none of these firms cited the specific Microsoft software expertise with an environmental background in contaminants and hazardous waste, as required by the solicitation. On this basis, the contracting officer determined that the solicitation should be set aside for small business (but not HUBZone) firms, which was approved on May 22 by Commerce's Small Business Specialist. On June 3, another HUBZone firm contacted the agency regarding whether the solicitation would be set aside for HUBZone firms, and was informed that, as the incumbent was a small business and there were not two or more HUBZone firms that could satisfy the solicitation requirements, the solicitation would be issued as a small business set-aside.