B-203952.2, OCT 26, 1981

B-203952.2: Oct 26, 1981

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DIGEST: THERE IS NO AUTHORITY UNDER THE SMALL BUSINESS SET-ASIDE PROCEDURES FOR ANY SPECIAL CONSIDERATION OF MINORITY OR DISADVANTAGED STATUS OF BIDDERS IN MAKING THE AWARD DECISION. LTR ACKNOWLEDGES THAT ITS BID WAS ABOUT $300 HIGHER THAN THE AWARDEE'S BID. CLAIMS THAT IT SHOULD HAVE BEEN GIVEN SPECIAL CONSIDERATION AS A MINORITY-OWNED SMALL BUSINESS. THIS PROCUREMENT WAS A SMALL BUSINESS SET-ASIDE UNDER THE SMALL BUSINESS RESTRICTED ADVERTISING PROCEDURES AND NOT A DISADVANTAGED SMALL BUSINESS PROCUREMENT UNDER SEC. 8(A) OF THE SMALL BUSINESS ACT. THE AWARD PROCEDURE FOR SMALL BUSINESS SET-ASIDES IS THE SAME AS THAT FOR FORMALLY ADVERTISED PROCUREMENTS. EXCEPT THAT THE AWARD IS RESTRICTED TO SMALL BUSINESS CONCERNS.

B-203952.2, OCT 26, 1981

DIGEST: THERE IS NO AUTHORITY UNDER THE SMALL BUSINESS SET-ASIDE PROCEDURES FOR ANY SPECIAL CONSIDERATION OF MINORITY OR DISADVANTAGED STATUS OF BIDDERS IN MAKING THE AWARD DECISION. AWARD MUST BE MADE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER REGARDLESS OF MINORITY OR DISADVANTAGED STATUS.

L.T.PHOTOGRAPHIC REPRODUCTIONS, INC.:

L.T.PHOTOGRAPHIC REPRODUCTIONS, INC. (LTR), HAS PROTESTED THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY TO ANOTHER BIDDER UNDER AN INVITATION FOR BIDS FOR THE MICROFILMING OF CRIME RECORDS AT THE UNITED STATES ARMY CRIME RECORDS CENTER. LTR ACKNOWLEDGES THAT ITS BID WAS ABOUT $300 HIGHER THAN THE AWARDEE'S BID, BUT CLAIMS THAT IT SHOULD HAVE BEEN GIVEN SPECIAL CONSIDERATION AS A MINORITY-OWNED SMALL BUSINESS, PARTICULARLY IN VIEW OF THE MINIMAL PRICE DIFFERENCE ON A MORE THAN $200,000 CONTRACT.

THIS PROCUREMENT WAS A SMALL BUSINESS SET-ASIDE UNDER THE SMALL BUSINESS RESTRICTED ADVERTISING PROCEDURES AND NOT A DISADVANTAGED SMALL BUSINESS PROCUREMENT UNDER SEC. 8(A) OF THE SMALL BUSINESS ACT. THE AWARD PROCEDURE FOR SMALL BUSINESS SET-ASIDES IS THE SAME AS THAT FOR FORMALLY ADVERTISED PROCUREMENTS, EXCEPT THAT THE AWARD IS RESTRICTED TO SMALL BUSINESS CONCERNS. DEFENSE ACQUISITION REGULATION SEC. 1-706.5(B) (1976 ED.), AMENDED BY DEFENSE ACQUISITION CIRCULAR 76-19, JULY 27, 1979. SEE KAMEX CONSTRUCTION CORPORATION, B-196346, FEBRUARY 20, 1980, 80-1 CPD 148. CONSEQUENTLY, THERE IS NO AUTHORITY TO GIVE SPECIAL CONSIDERATION TO A BIDDER ON THE BASIS OF ITS DISADVANTAGED OR MINORITY STATUS AND THE CONTRACT MUST BE AWARDED TO THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER. DELPHI INDUSTRIES, INC., B-194802, OCTOBER 3, 1979, 79-2 CPD 239. THEREFORE MUST CONCLUDE THAT THIS CONTRACT WAS PROPERLY AWARDED.

THE PROTEST IS DENIED.