[Protests of DLA Solicitations for Chemical Light Products]

B-230044,B-230045,B-230046,B-230047: Apr 7, 1988

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A firm protested the Defense Logistics Agency's (DLA) decision to set aside 50 percent of four solicitations for chemical light products for small businesses, contending that: (1) DLA improperly determined that it would obtain bids from at least two small business firms; and (2) since it had exclusive patent rights to the required product, no small business was able to perform the contract. GAO held that: (1) DLA properly set aside the procurement, since it determined from past procurements and a market survey that it would receive offers from at least two small business concerns; (2) the protester's allegation concerning the possible infringement of its patent rights was not a basis for protest; and (3) the allegation concerning contract performance was a matter of bidder responsibility. Accordingly, the protest was denied.