Protest Against Total Small Business Set-Aside

A company protested a total small business set-aside determination under an invitation for bids issued by the Army Corps of Engineers for the renovation of two passenger elevators at an Army hospital. The protester contended that: the contracting officer did not have a reasonable expectation that bids would be received from a sufficient number of responsible small business concerns so that award could be made at a reasonable rate; the contracting officer's decision was arbitrary, capricious, and without a rational basis; and the determination was not required by any law or regulation. Congressional policy supports the aiding of small business by Government procurement practices. In view of a previous similar project, the officer did not abuse his discretion in concluding that there was adequate small business competition to assure a sufficient number of offers at reasonable prices. In the absence of evidence refuting the officer's position, the protest was denied.