Department of the Army--Request for Modification of Recommendation
B-290682.2, Jan 9, 2003
The Department of the Army requests that we modify the recommendation we made in our decision in LBM, Inc., B-290682, Sept. 18, 2002, 2002, CPD 157, in which we sustained LBM's protest of the Army's decision to acquire transportation motor pool services at Fort Polk, Louisiana, under the Logistical Joint Administrative Management Support Services (LOGJAMSS) contracts. We found that the Army's failure to consider whether this requirement should be set aside for exclusive small business participation violated Federal Acquisition Regulation (FAR) 19.502-2(b) (the so-called rule of two), which requires an agency to set aside acquisitions for small businesses where there is a reasonable expectation of receiving fair market price offers from at least two responsible small business concerns. We recommended that the Army consider whether, in accordance with FAR 19.5022(b), the transportation motor pool services at Fort Polk should be set aside exclusively for small business participation.
We deny the Army's request for modification of our recommendation because limiting the small business competition as proposed by the Army would violate the competition requirements of the Competition in Contracting Act of 1984 (CICA).