FedServ-RBS JV, LLC

B-411790 Oct 26, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights FedServ-RBS JV, LLC, of Sanford, Florida, protests the award of a contract to H&S Resources Corporation, of Columbia, Maryland, under request for proposal (RFP) No. W912PM-15-R-0005, which was issued by the Department of the Army, Corps of Engineers (Corps), Wilmington District, for all services related to the maintenance, repair, minor construction, and operation of the John H. Kerr Reservoir Project in Boydton, Virginia. The RFP was issued as a competitive small business set-aside under section 8(a) of the Small Business Act, 15 U.S.C. 627(a). The Corps rejected FedServ-RBS's proposal after the Small Business Administration (SBA) notified it that the joint venture was not eligible for award. FedServ-RBS alleges that the Corps failed to follow the required procedures for seeking the SBA's approval of the protester's proposed 8(a) joint venture because the agency did not allow sufficient time for the SBA to complete its review of the proposed joint venture agreement. We deny the protest in part and dismiss it in part. We deny the protest in part and dismiss it in part. View Decision 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:  FedServ-RBS JV, LLC File:  B-411790 Date:  October 26, 2015  Wayne A. Keup, Esq., Wayne A. Keup, PLLC, for the protester. Carl E. Pruitt, Esq., Department of the Army, Corps of Engineers; and John W. Klein, Esq., and Alison M. Mueller, Esq., Small Business Administration, for the agencies. Elizabeth Witwer, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.Although the Government Accountability Office will not review substantive Small Business Administration determinations regarding a section 8(a) program participant’s eligibility for a particular award, our Office will entertain a protest alleging that regulations have been violated or misapplied in the making of such determinations of eligibility.  2.An agency is not required to stay the award of a contract to permit the Small Business Administration to complete its review of a proposed 8(a) joint venture pursuant to 13 C.F.R. § 124.513(e)(1). DECISION FedServ-RBS JV, LLC, of Sanford, Florida, protests the award of a contract to H&S Resources Corporation, of Columbia, Maryland, under request for proposal (RFP) No. W912PM-15-R-0005, which was issued by the Department of the Army, Corps of Engineers (Corps), Wilmington District, for all services related to the maintenance, repair, minor construction, and operation of the John H. Kerr Reservoir Project in Boydton, Virginia.  The RFP was issued as a competitive small business set-aside under section 8(a) of the Small Business Act, 15 U.S.C. § 627(a).  The Corps rejected FedServ-RBS’s proposal after the Small Business Administration (SBA) notified it that the joint venture was not eligible for award.  FedServ-RBS alleges that the Corps failed to follow the required procedures for seeking the SBA’s approval of the protester’s proposed 8(a) joint venture because the agency did not allow sufficient time for the SBA to complete its review of the proposed joint venture agreement.[1] We deny the protest in part and dismiss it in part. BACKGROUND The Corps issued the solicitation on April 28, 2015, as an 8(a) set-aside.  Agency’s Request for Dismissal (July 20, 2015) at 1.  On January 27, months prior to the issuance of the solicitation, the Corps offered the requirement to the SBA for award through the SBA’s 8(a) program.  Agency’s Offering Letter (Jan. 27, 2015).  The SBA notified the Corps on February 2 that the requirement had been accepted into the 8(a) program.  SBA’s Acceptance Letter (Feb. 2, 2015). The solicitation, as amended, provided that proposals were due by May 29.  Protest at 2.  The agency received timely proposals from five offerors, including the protester.  Agency’s Request for Dismissal (July 20, 2015) at 1; SBA’s Comments (Aug. 7, 2015) at 1.  FedServ-RBS Joint Venture, LLC is a joint venture between FedServ, Inc., a participant in the SBA’s 8(a) program, and Re‑engineered Business Solutions, Inc.