TITLE:  Global Solutions Network, Inc., B-292568, October 3, 2003
BNUMBER:  B-292568
DATE:  October 3, 2003
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Global Solutions Network, Inc., B-292568, October 3, 2003

   Decision
    
    
Matter of:   Global Solutions Network, Inc.
    
File:            B-292568
    
Date:              October 3, 2003
    
Ronald Newlan for the protester.
Mark Langstein, Esq., and Terry Hart Lee, Esq., Department of Commerce,
and
John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business
Administration, for the agencies.
Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
    
Agency*s determination not to set aside procurement for Historically
Underutilized Business Zone (HUBZone) businesses was reasonably based on
the agency*s determination that it did not expect to receive proposals
from at least two responsible HUBZone firms capable of satisfying this
solicitation*s particular requirements at fair market prices. 
DECISION
    
Global Solutions Network, Inc. protests the terms of solicitation No.
AB133C-03-RP-0047, issued by the Department of Commerce, National Oceanic
and Atmospheric Administration (NOAA), for database management support
services to support and maintain NOAA*s environmental databases.Global
maintains that the RFP, issued as a small business set aside, should have
been set aside for Historically Underutilized Business Zone (HUBZone)
businesses.
    

   We deny the protest.
    
The RFP, issued June 18, 2003 as a small business set aside, contemplated
the award of an indefinite-delivery, indefinite-quantity contract for a
base year with 4 option years.  The statement of work required services 
to develop and maintain NOAA*s environmental databases in three general
categories:  (1) to serve as an integral component of NOAA*s Watershed
Database and Mapping Projects, (2) to support site-specific
investigations, including evaluations of risk to NOAA resources at
priority waste sites, and (3) to explore innovative approaches for
evaluating sediment chemistry and toxicity and to develop new guidelines
for screening sediment in support of risk assessment. 
    
The RFP requires a high level of environmental database management
expertise and programming experience in both Microsoft FoxPro and
Microsoft Access.  In this regard, the RFP states that certain personnel
must have a minimum of 5 years experience managing, designing, and
developing environmental databases and database applications using
Microsoft FoxPro or Microsoft Visual FoxPro, and Microsoft Access, and
that these individuals have experience using these types of data in
hazardous waste site investigations or aquatic ecological risk assessment;
and that these individuals must have a minimum of 5 years experience
working with contaminants and waste site data, including ecological risk
assessment. 
    
Prior to issuing the solicitation the contracting officer advertised on
the Federal Business Opportunities (FedBizOpps) website
(www.arnet.gov/FedBizOpps/) to notify small businesses of the upcoming
solicitation set aside for small businesses, and to provide them an
opportunity to request a copy.  Agency Report, Tab 1, FedBizOpps Notice
(Feb. 28, 2003).[1] 
    
In May, the contracting officer received a call from a HUBZone firm
inquiring whether the upcoming solicitation would be set aside for HUBZone
concerns. 
The contracting officer replied that the incumbent firm was a small
business and that, as she was unaware of two or more HUBZone firms that
would meet the solicitation requirements to perform the work, there was
currently no plan to set the solicitation aside for HUBZone concerns. 
    
Apparently as a consequence of the call, the contracting officer then
conducted a search on the Small Business Administration*s (SBA)
Procurement Marketing Access Network (Pro-Net) to identify certified
HUBZone firms working in the field of database management.[2]  The
contracting officer found nine firms that met the search criteria.  The
contracting officer then reviewed the qualifications of four of the nine
firms (selected randomly), and determined that none of these firms cited
the specific Microsoft software expertise with an environmental background
in contaminants and hazardous waste, as required by the solicitation.  On
this basis, the contracting officer determined that the solicitation
should be set aside for small business (but not HUBZone) firms, which was
approved on May 22 by Commerce*s Small Business Specialist. 
    
On June 3, another HUBZone firm contacted the agency regarding whether the
solicitation would be set aside for HUBZone firms, and was informed that,
as the incumbent was a small business and there were not two or more
HUBZone firms that could satisfy the solicitation requirements, the
solicitation would be issued as a small business set-aside.[3]  On June 6,
the protester contacted the contracting officer regarding whether the
solicitation would be set aside for HUBZone businesses. 
The contracting officer informed Global Solutions that, because there was
no reasonable expectation that two or more HUBZone firms could perform the
work, the solicitation would be issued as a small business set-aside.  On
June 9, the HUBZone firm that had contacted the contracting officer on
June 3 submitted information relating to its qualifications, from which
the contracting officer determined that, while the firm possessed the
required Microsoft software experience, it lacked personnel with
experience in working with contaminant and waste site data, including
aquatic ecological risk assessment, as required by the RFP. 
    
The agency issued the solicitation on June 18 as a small business
set-aside, and this protest followed.  In response to this protest, and
prior to the solicitation closing date, the agency requested that Global
Solutions submit a capability statement, or in some way demonstrate that
it could meet the solicitation*s requirements.  Global Solutions declined
to submit any statement of its capabilities and qualifications.  
    
GSN protests that the agency made an unreasonable determination not to set
aside the procurement for HUBZone small business concerns. 
    
Acquisitions must be set aside for HUBZone small business concerns if the
agency determines that there is a reasonable expectation that offers will
be received from two or more HUBZone small business concerns, and that
award will be made at a fair market price.  Federal Acquisition Regulation
(FAR) S: 19.1305(a), (b).  Generally, our Office regards such a
determination as a matter of business judgment within the agency*s
discretion, which we will not disturb absent a clear showing that it has
been abused.  Cf. White Storage & Retrieval Sys., Inc., B-256952, July 20,
1994, 94-2 CPD P: 35 at 2-3 (involving small business set-aside
determination).  An agency must make reasonable efforts to ascertain
whether it will receive offers from at least two HUBZone small business
concerns with the capabilities to perform the work, and we will review a
protest to determine whether the agency has done so.  Id.  Nonetheless, we
think that the use of any particular method of assessing the availability
of HUBZone small businesses is not required, and measures such as prior
procurement history, market surveys, and advice from the SBA may all
constitute adequate grounds for a contracting officer*s decision not to
set aside a procurement.  See American Imaging Servs., Inc., B-246124.2,
Feb. 13, 1992, 92-1 CPD P: 188 at 3.
As noted above, the contracting officer performed a Pro-Net search for
certified HUBZone firms working in the field of database management and
could not find any that could meet the solicitation requirements for
Microsoft software expertise with an environmental background in
contaminants and hazardous waste.[4]  The contracting officer also
reviewed the capability statement of another HUBZone firm that had
expressed interest in the procurement, but found it did not evidence that
that firm could satisfy the solicitation*s requirements.  Based on these
results, and with the concurrence of the Commerce*s Small Business
Specialist, the contracting officer determined that there was no
reasonable expectation that the agency would receive two or more offers
from HUBZone firms in response to the RFP. 
    
Additionally, after this protest was filed, the contracting officer
revisited her prior Pro-Net search results and reviewed the information on
the remaining five firms.  She determined, once again, that she could not
conclude that any of these firms met the RFP requirements. 
    
Most significantly, the contracting officer afforded the protester an
additional opportunity to demonstrate its capabilities after the protest
was filed; not only did Global Solution fail to respond to this
opportunity, but it still has produced no evidence of its capabilities to
successfully perform the solicitation requirements.
    
Finally, we solicited the views of the SBA during our development of the
record.  SBA stated in its report:
    
NOAA is in the best position to know what its needs are, and [Global
Solutions] has not alleged or proven that the experience requirements
contained in the Solicitation are unreasonable.  Moreover, there is no
evidence in the record that any HUBZone [small business concern] possesses
the experience necessary to meet NOAA*s requirements.  Simply put, [Global
Solutions] has failed to show that it, or any other HUBZone [small
business concern], has the experience required by NOAA*s Solicitation.
SBA Report at 4.  The SBA determined that the contracting officer*s
assessment that she did not have a reasonable expectation of receiving
offers from at least two HUBZone firms was not unreasonable.  We accord
substantial weight to the fact that the contracting officer*s
determination was subsequently reviewed by the SBA during this protest and
found not to be unreasonable.  See American Artisan Prods., Inc.,
B-292380, July 30, 2003, 2003 CPD P: 132 at 6. 
    
In view of the foregoing considerations, we have no basis to question the
agency*s judgment not to set aside this requirement for HUBZone concerns.
    
The protest is denied.
    
Anthony H. Gamboa
General Counsel
    

   ------------------------

   [1] The FedBizOpps notice was modified three times, on March 7, March 12
and May 14.  Agency Report, Tabs 2-4, FedBizOpps Modifications.  
[2] Pro-Net is an on-line database of information on more than 195,000
small, disadvantaged, Section 8(a), HUBZone, and women-owned businesses. 
See www.pro-net.sba.gov. 
[3] The contracting officer did not inform the firm that she had already
performed a Pro-Net search for HUBZone businesses. 
[4] The protester has not alleged that these do not represent the agency*s
actual requirements.