B-299660.2, Operational Support & Services, September 24, 2007

B-299660.2 Sep 24, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Operational Support & Services (OSS) protests the award of Department of the Army, United States Special Operations Command (USSOCOM), contract No. H92222-07-D-0021, to Shee Atika Languages (SAL), for comprehensive foreign language interpretation, transcription, reporting and translation services. OSS asserts that the USSOCOM acted in bad faith and in violation of applicable regulations in making the award to SAL on a sole-source basis under the Small Business Administration's (SBA) section 8(a) program. We deny the protest. View Decision B-299660.2, Operational Support & Services, September 24, 2007 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Operational Support & Services File: B-299660.2 Date: September 24, 2007 Joan K. F. Fiorino, Esq., and John C. Dulske, Esq., Dulske & Fiorino, for the protester. Bruce N. Edwards, Esq., and Michael R. Sorensen, Esq., Sorensen & Edwards, for Shee Atika Languages, the intervenor. John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration. Maj. David Abdalla, and Capt. Robert B. Nelson, Department of the Army, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Noncompetitive award under Small Business Administration's section 8(a) program was unobjectionable where meeting requirement under 8(a) program did not violate statute or regulation. DECISION Operational Support & Services (OSS) protests the award of Department of the Army, United States Special Operations Command (USSOCOM), contract No. H92222-07-D-0021, to Shee Atika Languages (SAL), for comprehensive foreign language interpretation, transcription, reporting and translation services. OSS asserts that the USSOCOM acted in bad faith and in violation of applicable regulations in making the award to SAL on a sole-source basis under the Small Business Administration's (SBA) section 8(a) program. We deny the protest. On December 28, 2006, USSOCOM issued a presolicitation notice on the Federal Business Opportunities (FedBizOps) website announcing its intention to issue, within 30 days, a solicitation for comprehensive foreign language interpretation, transcription, reporting and translation services in support of Special Operations Forces (SOF) operational requirements worldwide. At the time of the notice, Worldwide Language Resources, Inc. was providing the services to be procured under the contemplated solicitation. The FedBizOps notice advised that the solicitation would provide for multiple awards of indefinite-delivery/indefinite-quantity contracts, with one award to be reserved for a small business concern and one to be made on an unrestricted basis. On December 29, SAL, which is certified as an Alaskan Native Corporation (ANC) under the SBA 8(a) program, responded to the FedBizOps notice with an e-mail to the agency advising of its interest in the procurement, its status as a section 8(a) ANC, and the fact that it had assembled a –team— whose partners have –extensive experience with Special Operations,— including current support of SOF in Afghanistan. SAL E-mail to USSOCOM Contract Specialist, Dec. 29, 2006. The USSOCOM contracting officer at the time, aware that SAL had a business relationship with Worldwide, the incumbent contractor, decided to further investigate the possibility of an award to SAL. E-mail from USSOCOM Contracting Officer to USSOCOM Contract Specialist, Dec. 29, 2007; Declaration of USSOCOM Contracting Officer, July 20, 2007. On January 9, 2007, SAL e-mailed the agency a statement of the capabilities and intended approach of –Team Shee Atika— in performing the requirement. On January 12, in response to an inquiry from USSOCOM, SAL e-mailed the contracting officer a more detailed statement of capabilities and approach; this statement listed Worldwide as one of SAL's team members. On January 31, SAL provided a capabilities briefing to USSOCOM, in which it listed the four members of Team Shee Atika, including Worldwide. At the conclusion of the briefing, USSOCOM determined that SAL was capable of satisfying its foreign language services requirement. USSOCOM Contracting Officer Memorandum, Jan. 31, 2007.