United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-23 U.S. Government Publishing Office 1999-01-28 monographic deposited born digital 12 p. GA 1.13:B-281352 https://www.govinfo.gov/app/details/GAOREPORTS-B-281352 P0b002ee18fd45fc9 f:281352 DGPO 2016-06-23 2016-06-23 GAOREPORTS-B-281352 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-281352 B-281352 Comptroller General Decision

1. Issuance of a section 8(a) set-aside solicitation, which includes work previously performed by small businesses as well as new work, without assessing the adverse impact of the set-aside on small business concerns, is unobjectionable where no adverse impact assessment is required under applicable Small Business Administration (SBA) regulations because the SBA, in interpreting its regulations, reasonably determined that the overall solicitation is radically different from the previously performed work and thus represents new work.<p/>2. A solicitation provision stating that a section 8(a) set-aside will become a small business set-aside if fewer than two acceptable offers from 8(a) firms are received is not contrary to statute or regulation, or unfair to small businesses.<p/>3. Absent clear judicial precedent, General Accounting Office will not consider protest alleging that agency did not have constitutionally sufficient basis for creating a section 8(a) set-aside.<p/>4. Agency's decision to consolidate marketing requirements (previously performed largely in-house) with existing property management contract requirements into larger contracts for both management and marketing services in multiple states is not objectionable under the Small Business Act, 15 U.S.C.A. sec. 631(j)(3), 644(e)(2) (West Supp. 1998), where the resulting benefits are "measurably substantial" and support a determination that the bundling is necessary and justified, and the protester has not identified a reasonable alternative that would provide similar benefits. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-281352/html/GAOREPORTS-B-281352.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-281352/pdf/GAOREPORTS-B-281352.pdf GAO/B-281352 https://www.govinfo.gov/app/details/GAOREPORTS-B-281352 Comptroller General Decision GAO/B-281352; The Urban Group, Inc.; McSwain and Associates, Inc., B-; Title 15 Section 637(a) 15 U.S.C. 637(a) Title 41 Section 253a(a) 41 U.S.C. 253a(a)