B-206764, MAR 29, 1982
Highlights
DIGEST: PROTEST THAT PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS IS SUMMARILY DENIED SINCE. THERE IS NOTHING IN THE SMALL BUSINESS ACT OR PROCUREMENT REGULATIONS THAT MAKE IT MANDATORY THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESS. WHILE THE GOVERNMENT'S POLICY IS THAT A FAIR PROPORTION OF PURCHASES BE PLACED WITH SMALL BUSINESS CONCERNS. THE DECISION WHETHER A PARTICULAR PROCUREMENT SHOULD BE SET ASIDE FOR SMALL BUSINESS ESSENTIALLY IS ONE WITHIN THE DISCRETION OF THE CONTRACTING ACTIVITIES. THE PROTEST IS SUMMARILY DENIED.
B-206764, MAR 29, 1982
DIGEST: PROTEST THAT PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS IS SUMMARILY DENIED SINCE, WITH CERTAIN EXCEPTIONS NOT RELEVANT HERE, NOTHING IN SMALL BUSINESS ACT OR REGULATIONS MANDATES THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESS.
ROMAR CONSULTANTS, INC.:
ROMAR CONSULTANTS, INC., (ROMAR) PROTESTS THE ENVIRONMENTAL PROTECTION AGENCY'S (EPA) FAILURE TO SET ASIDE FOR SMALL BUSINESS REQUEST FOR PROPOSAL NO. WA 81-B239 FOR "QUICK RESPONSE LITERATURE SEARCH" SERVICES. WE SUMMARILY DENY THE PROTEST.
WITH CERTAIN EXCEPTIONS NOT RELEVANT HERE, THERE IS NOTHING IN THE SMALL BUSINESS ACT OR PROCUREMENT REGULATIONS THAT MAKE IT MANDATORY THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESS. NAVAJO FOOD PRODUCTS, INC., B-203201, JANUARY 22, 1982, 82-1 CPD 60. WHILE THE GOVERNMENT'S POLICY IS THAT A FAIR PROPORTION OF PURCHASES BE PLACED WITH SMALL BUSINESS CONCERNS, THE DECISION WHETHER A PARTICULAR PROCUREMENT SHOULD BE SET ASIDE FOR SMALL BUSINESS ESSENTIALLY IS ONE WITHIN THE DISCRETION OF THE CONTRACTING ACTIVITIES. GROTON PIPING CORPORATION AND THAMES ELECTRIC COMPANY, (JOINT VENTURE), B-185755, APRIL 12, 1976, 76-1 CPD 247. THEREFORE, WE CANNOT LEGALLY OBJECT TO EPA'S FAILURE TO SET ASIDE THE PROCUREMENT IN QUESTION.
THE PROTEST IS SUMMARILY DENIED.