Decision released in Protest Denial related to VA survey support services requirement

DIGEST

Protest challenging the agency’s decision to issue solicitation as a small business set-aside is denied where the agency performed market research and made a reasonable business judgment about the likelihood of small business competition.

DISCUSSION

Based on the protester’s experience as the incumbent contractor and its understanding of the “financial capacity, organizational and infrastructure resources, and technical capabilities required to perform the SHEP Program,” Ipsos argues that “it is not possible” for the agency to have reasonably identified at least two small businesses capable of performing this requirement. Protest at 7. In addition, Ipsos contends that “prior procurement history weighs in favor of full and open competition” based on its contract that was awarded in 2017, and that the agency’s set-aside decision was inadequately documented. Id. at 9, 12-13. As such, Ipsos argues that the VA could not reasonably justify issuing this RFP as a small business set-aside.

The agency responds that the set-aside decision was reasonable, proper, consistent with applicable procurement law and regulation, and adequately documented. The agency asserts that the contracting officer reasonably concluded that offers will be received from at least two small businesses capable of performing the work at a fair market price. MOL at 1, 4. The contracting officer explains that “[a] variety of effective, informative market research methods were used to arrive at the small business set- aside determination made for this procurement, as is readily demonstrated by the contemporaneous procurement record.” COS at 4.

Under Federal Acquisition Regulation section 19.502-2(b), a procurement with an anticipated dollar value of more than $150,000, such as the one here, must be set aside for exclusive small business participation when there is a reasonable expectation that offers will be received from at least two responsible small business concerns and that award will be made at fair market prices. Our Office will review the record to determine whether the agency made reasonable efforts to locate small business competitors…

DECISION

Ipsos Public Affairs, LLC, of Washington, D.C., protests the terms of request for proposals (RFP) No. 36C77622R0126, issued by the Department of Veterans Affairs (VA) for survey support services. Ipsos challenges the agency’s decision to set aside the procurement for small businesses.

We deny the protest.

See the decision here.

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