B-220842, OCT 24, 1985, 85-2 CPD 459
Highlights
CONTRACTS - PROTESTS - INFORMATION EVALUATION - SUFFICIENCY OF SUBMITTED INFORMATION DIGEST: GAO WILL NOT CONSIDER A PROTEST AGAINST A SMALL BUSINESS SET-ASIDE WHERE THE PROTESTER DOES NOT ALLEGE LEGAL OR FACTUAL GROUNDS FOR CHALLENGING THE SET-ASIDE DECISION. DIRECTS THE SETTING ASIDE OF PROCUREMENTS IF THE CONTRACTING OFFICER DETERMINES THAT THERE IS A REASONABLE EXPECTATION THAT OFFERS WILL BE OBTAINED FROM AT LEAST TWO RESPONSIBLE SMALL BUSINESS CONCERNS AND AWARDS WILL BE MADE AT REASONABLE PRICES. NVF DOES NOT ALLEGE THAT THERE ARE FEWER THAN TWO SMALL BUSINESS CONCERNS WHICH MAY REASONABLY BE EXPECTED TO SUBMIT BIDS ON THIS SOLICITATION OR THAT A REASONABLE PRICE CANNOT BE OBTAINED FROM A SMALL BUSINESS.
B-220842, OCT 24, 1985, 85-2 CPD 459
CONTRACTS - PROTESTS - INFORMATION EVALUATION - SUFFICIENCY OF SUBMITTED INFORMATION DIGEST: GAO WILL NOT CONSIDER A PROTEST AGAINST A SMALL BUSINESS SET-ASIDE WHERE THE PROTESTER DOES NOT ALLEGE LEGAL OR FACTUAL GROUNDS FOR CHALLENGING THE SET-ASIDE DECISION.
NVF COMPANY:
NVF COMPANY (NVF), A LARGE BUSINESS, PROTESTS THE SMALL BUSINESS SET ASIDE OF GENERAL SERVICES ADMINISTRATION (GSA) SOLICITATION NO. BO/TC-M 00610 FOR THE PROCUREMENT OF DISPATCH CASES AND GENERAL PURPOSE BRIEFCASES.
THE FEDERAL ACQUISITION REGULATION, 48 C.F.R. SEC. 19.502-2 (1984), DIRECTS THE SETTING ASIDE OF PROCUREMENTS IF THE CONTRACTING OFFICER DETERMINES THAT THERE IS A REASONABLE EXPECTATION THAT OFFERS WILL BE OBTAINED FROM AT LEAST TWO RESPONSIBLE SMALL BUSINESS CONCERNS AND AWARDS WILL BE MADE AT REASONABLE PRICES. SEE INGERSOLL-RAND CO., B-218084, FEB. 8, 1985, 85-1 CPD PARA. 171. NVF DOES NOT ALLEGE THAT THERE ARE FEWER THAN TWO SMALL BUSINESS CONCERNS WHICH MAY REASONABLY BE EXPECTED TO SUBMIT BIDS ON THIS SOLICITATION OR THAT A REASONABLE PRICE CANNOT BE OBTAINED FROM A SMALL BUSINESS. THEREFORE, NVF HAS NOT ALLEGED ANY FACTUAL OR LEGAL GROUNDS WHICH PROVIDE A BASIS FOR SUSTAINING THE PROTEST. ZYTRON CORPORATION, B-219200, JULY 2, 1985, 85-2 CPD PARA. 21. ACCORDINGLY, THE PROTEST IS DISMISSED. SEE GAO BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.3(F) (1985); ZYTRON CORPORATION, B-219200, SUPRA; INGERSOLL-RAND CO., B-218084, SUPRA.