SKC, LLC

B-415151 Nov 20, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights SKC, LLC, a service-disabled veteran-owned small business located in Reston, Virginia, protests the decision by the Defense Intelligence Agency (DIA) and the Small Business Administration (SBA), to place a requirement for facility support services for DIA's Directorate of Logistics Operations Center (DLOC) under the SBA's 8(a) program for award on a sole-source basis to IKun, LLC of Herndon, Virginia, an Alaska Native Corporation. We deny the protest. We deny the protest. 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:  SKC, LLC File:  B-415151 Date:  November 20, 2017 Devon E. Hewitt, Esq., and Michael E. Stamp, Esq., ProTorae Law PLLC, for the protester. Amy Laderberg O’Sullivan, Esq., Olivia L. Lynch, Esq., and Laura J. Mitchell Baker, Esq., Crowell & Moring LLP, for IKun, LLC, the intervenor. Meagan K. Guerzon, Esq., and John W. Klein, Esq., for the Small Business Administration. Lieutenant Colonel Gregory J. Fike, Defense Intelligence Agency, for the agency. Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Small Business Administration properly accepted Defense Intelligence Agency requirement for facility support services into the 8(a) program without determining whether acceptance would have an adverse impact on an existing small business that had been performing similar services where the Defense Intelligence Agency did not publicly and clearly indicate its intent to procure the services using small business set-aside procedures, and where, based on the record, there is no reason to object to the decision that the services to be obtained under the 8(a) program constituted a new requirement. DECISION SKC, LLC, a service-disabled veteran-owned small business located in Reston, Virginia, protests the decision by the Defense Intelligence Agency (DIA) and the Small Business Administration (SBA), to place a requirement for facility support services for DIA’s Directorate of Logistics Operations Center (DLOC) under the SBA’s 8(a) program for award on a sole-source basis to IKun, LLC of Herndon, Virginia, an Alaska Native Corporation. We deny the protest. BACKGROUND SKC performed the DLOC facility support services under a contract that was awarded using small business set-aside procedures from April 22, 2011 through September 24, 2016 (including the exercise of contract options and contract modifications).  Contracting Officer’s Statement (COS) at 1-2.  On August 23, 2016, the agency notified SKC that it was anticipating a change in its current acquisition strategy for the services and that in lieu of recompeting the contract at that time, it was contemplating the award of a “bridge contract to SKC.”[1]  Protest, Exh. A, Email from Agency to SKC.  The agency further stated that the recompete process for the services would resume during the “bridge contract” period.  Id.  On September 23, when performance under the last modification to the contract expired, DIA awarded SKC a non-competitive bridge contract for a 1-year base period (September 25, 2016 through September 24, 2017), with a 1-year option period.  COS at 2. On February 14, and June 16, 2017, DIA held industry engagement days at which it gave presentations forecasting its planned acquisitions for fiscal years 2017 and 2018. COS at 2, 4; Agency Report (AR), Tab 9, Agency Engagement with Industry.  During the presentations, DIA noted that the current incumbent for the DLOC contract was SKC, and forecasted that the follow-on procurement would be issued as a small business set-aside.  COS at 2, 4; AR, Tab 9.1, Industry Day Presentation, Forecast, Feb. 14, 2017, at 12; Tab 9.2, Industry Day Presentation, Forecast, June 16, 2017,  at 28.  The agency stated, however, that its forecasts were tentative and that no final decision regarding the potential procurements or acquisition strategies had been made.  COS at 2, 4; AR, Tab 9.1, Industry Day Presentation, Forecast, Feb.