B-206798(2),L/M, MAR 25, 1983

B-206798(2),L/M: Mar 25, 1983

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ADMINISTRATOR OF GENERAL SERVICES: ENCLOSED IS A COPY OF OUR DECISION OF TODAY SUSTAINING THE PROTEST OF DISA ELECTRONICS AGAINST THE GENERAL SERVICES ADMINISTRATION'S SMALL BUSINESS SET-ASIDE OF MULTIPLE AWARD CONTRACTS FOR VELOCIMETERS ON FEDERAL SUPPLY SCHEDULE (FSS) SOLICITATION NO. SOLELY ON THE BASIS THAT AN ADEQUATE NUMBER OF SMALL BUSINESSES WERE EXPECTED TO PARTICIPATE. WAS IMPROPER WHERE THE EVIDENCE AVAILABLE AT THE TIME THE DETERMINATION WAS MADE SUGGESTED THAT ONLY ONE SMALL BUSINESS COULD SUPPLY A PORTION OF THE MODELS AND HAD RECEIVED THE LARGE MAJORITY OF SALES IN DOLLAR TERMS UNDER A PREVIOUS FSS SET-ASIDE. IF THAT DATA REVEALS THAT THERE IS IN FACT NO REASONABLE EXPECTATION OF COMPETITION FOR PARTICULAR TYPES OF VELOCIMETERS.

B-206798(2),L/M, MAR 25, 1983

PRECIS-UNAVAILABLE

GERALD P. CARMEN, ADMINISTRATOR OF GENERAL SERVICES:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY SUSTAINING THE PROTEST OF DISA ELECTRONICS AGAINST THE GENERAL SERVICES ADMINISTRATION'S SMALL BUSINESS SET-ASIDE OF MULTIPLE AWARD CONTRACTS FOR VELOCIMETERS ON FEDERAL SUPPLY SCHEDULE (FSS) SOLICITATION NO. FCGS-H-36399-N-3-19-82. CONCLUDE THAT THE DETERMINATION TO SET ASIDE THESE CONTRACTS, SOLELY ON THE BASIS THAT AN ADEQUATE NUMBER OF SMALL BUSINESSES WERE EXPECTED TO PARTICIPATE, WAS IMPROPER WHERE THE EVIDENCE AVAILABLE AT THE TIME THE DETERMINATION WAS MADE SUGGESTED THAT ONLY ONE SMALL BUSINESS COULD SUPPLY A PORTION OF THE MODELS AND HAD RECEIVED THE LARGE MAJORITY OF SALES IN DOLLAR TERMS UNDER A PREVIOUS FSS SET-ASIDE.

WE THEREFORE RECOMMEND THAT, FOR THE 1984 FSS, GSA OBTAINED DATA SPECIFYING THE TYPES OF VELOCIMETERS PURCHASED BY THE GOVERNMENT UNDER PREVIOUS FSS SET-ASIDES AND, IF THAT DATA REVEALS THAT THERE IS IN FACT NO REASONABLE EXPECTATION OF COMPETITION FOR PARTICULAR TYPES OF VELOCIMETERS, THAT THE 1984 FSS CONTRACTS FOR THOSE PARTICULAR VELOCIMETERS NOT BE SET ASIDE.

WE WOULD APPRECIATE ADVICE OF THE ACTION TAKEN ON THIS RECOMMENDATION.