CoSTAR Services, Inc.
Case: B-417581
Agency: Department of Defense : Department of the Navy : Naval Facilities Engineering Command
Protester: CoSTAR Services, Inc.
Date: 2019-08-26
Denied
B-417581,B-417581.2,B-417602,B-417602.2
Aug 26, 2019
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Highlights
CoSTAR Services, Inc., a small business of San Antonio, Texas, protests the terms of request for proposals (RFP) Nos. N69450-19-R-1919, and N69450-19-R-1910, issued by the Department of the Navy for base operations support (BOS) services for the Naval Air Station, Jacksonville, Florida (FL), and the Naval Station Mayport, Jacksonville, FL, referred to as the Jacksonville BOS (JBOS II), and the Mayport BOS (MBOS II), respectively. CoSTAR, the incumbent contractor, has been providing the BOS services to these installations under the Regional Base Operations Support (RBOS) II contract. The protester challenges the agency's decision to now offer these requirements to the Small Business Administration (SBA) for procurement under the 8(a) program, asserting that the agency's actions violated applicable regulations.
We deny the protest.
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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: CoSTAR Services, Inc.
File: B-417581; B-417581.2; B-417602; B-417602.2
Date: August 26, 2019
Michael A. Gordon, Esq., Michael A. Gordon PLLC, for the protester.
Susan E. Sharp, Esq., Department of the Navy; and John W. Klein, Esq., and Karen L. Hunter, Esq., Small Business Administration, for the agencies.
Katherine I. Riback, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that contracting agency improperly offered base operations support service requirements to the Small Business Administration for acceptance into the Small Business Administration’s 8(a) program is denied where the protester has not shown a violation of procurement regulation or that the agency acted in bad faith.
DECISION
CoSTAR Services, Inc., a small business of San Antonio, Texas, protests the terms of request for proposals (RFP) Nos. N69450-19-R-1919, and N69450-19-R-1910, issued by the Department of the Navy for base operations support (BOS) services for the Naval Air Station, Jacksonville, Florida (FL), and the Naval Station Mayport, Jacksonville, FL, referred to as the Jacksonville BOS (JBOS II), and the Mayport BOS (MBOS II), respectively.[1] CoSTAR, the incumbent contractor, has been providing the BOS services to these installations under the Regional Base Operations Support (RBOS) II contract. The protester challenges the agency’s decision to now offer these requirements to the Small Business Administration (SBA) for procurement under the 8(a) program, asserting that the agency’s actions violated applicable regulations.
We deny the protest.
BACKGROUND
In September 2018, the agency began planning for the transition of the RBOS II contract to two separate requirements (JBOS II and MBOS II), each servicing a different geographic area of responsibility (AOR). Contracting Officer’s Statement/ Memorandum of Law (COS/MOL) at 4. To this end, the agency performed market research to identify firms capable of satisfying the MBOS II and the JBOS II requirements. Because both the MBOS II and the JBOS II requirements were located within northeast Florida, involved similar services, and were estimated to have a similar annual dollar value, the agency used the same market research information to identify potential contractors for both requirements.[2] Id.
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