[Protest of Army Decision To Issue Solicitation as Total Small Business Set-Aside]
Highlights
A firm protested an Army solicitation for ballistics targets as a small business set-aside, contending that: (1) a small business would not be capable of performing the contract; (2) the contracting officer abused his discretion when he decided to set aside the procurement; and (3) the Army should have conducted the procurement using negotiated rather than sealed bid procedures. GAO held that: (1) the protester was an interested party for the purpose of protesting the decision to exclude large businesses; (2) there was no indication that the contracting officer abused his discretion where there was a reasonable expectation that at least two small-business concerns would submit offers; and (3) since the set-aside was proper, the protester, a large business firm, was not an interested party to protest the decision to solicit bids rather than conduct negotiations. Accordingly, the protest was denied in part and dismissed in part.