Small Business Set-aside contract which overlaps exiting large contractor SOW
Started by PC7060 · Jun 15, 2013 · 5 replies
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PC7060
Jun 15, 2013 · 12y ago
Title should be "Small Business Set-aside contract which overlaps existing large contractor SOW"
I'm looking a a pre-solicitation for a services that recently came out for the re-compete of an small business set- aside contract.
Items of note:
The original small business contract was originally solicited/awarded to support a program which has since been move to another group.
At the time, the new owning group had multiple contracts in place to provide this same type of services and has since rolled up all such service to the department under a single contract. The opportunity was issued as a full and open solicitation and awarded to large business contractor. All existing contract work has been rolled up under the large contract as the previous contract option years expired.
In this case, the pre-solicitation is seeking to re-compete the small business set-aside. However, this seems to be in conflict with the large business contract scope of work to provide all such services to the group. The large business has active small business base so maintaining a separate contract does not change the over-all small business participation, the existing small could roll up under the new contract.
What CFR/FAR cover this type of situation? Could the large protest the solicitation since it conflicts with it's contract scope? Yes, I understand companies can always protest but what would be the supporting regulations one way or the other?
Thanks in advance
PC
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Retreadfed
Jun 15, 2013 · 12y ago
Your scenario is confusing. Can you step back, take a deep breath and try to explain the situation a little clearer?
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Guest Vern Edwards
Jun 15, 2013 · 12y ago
PC7060:
A large business has a contract that currently includes Task X. Right?
The agency has announced a small business set-aside for a contract that would include Task X. Right?
Your question is whether the large business could protest the agency's decision to take Task X away from it and procure it under a small business set-aside. Right?
If that's right, then the answer is that the large business cannot protest the decision to remove Task X from its contract, because such matters are not protestable. But the large business can protest the agency's decision to procure Task X under a small businesses set-aside. See Swank Healthcare, GAO Decision B-407367, 2013 CPD para. 7, Dec. 12, 2012.
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PC7060
Jun 16, 2013 · 12y ago
Retreaded - concur, it's a confusing scenario for all of us. I'm not with either the small or the large business and am trying to determine the viability of the pending small business scenario.
Vern - you succinctly described the situation, thanks for clarifying for all of us. I read the citation you provided and see the ruling the large may protest as interested party.
As a followup note to the referred case, Swank's main premise for the protest is based on task complexity being too high for a small to perform which was denied. In the situation I described, the large business argument would be that they already competed/won the contract to perform the same scope of work described in the pre-solicitation for the same department and their contract period of performance would still has several years left.
Based on Vern's input, the Government can remove a task from the scope but can it create a situation where the task are split between two contracts?
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Guest Vern Edwards
Jun 16, 2013 · 12y ago
[T]he Government can remove a task from the scope but can it create a situation where the task are split between two contracts?
Yes.
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PC7060
Jun 16, 2013 · 12y ago
Vern - thanks for the information. You've been very helpful.
PC