Protests Against Small Business Set-Aside Procurements and Awards Made Under Those Procurements

The protester objected to the agency's decision to issue two invitations for bids as small business set-aside procurements and to the awards made under those solicitations. Although the original determination to set aside the procurements was not in accordance with applicable regulations, since there was small business competition for the procurements and the prices were determined to be reasonable, there was no basis to conclude that there was not a proper basis for the awards. Large business bids on small business set-aside procurements were nonresponsive, and the contracting officer was not required to consider them. The time of the preparation of the justification for the set-aside did not affect the validty of the awards since a proper basis for the awards existed. The contention that the set-aside comprised more than a "fair proportion" of Government procurement of the particular items to small businessdid not provide a basis to conclude that there was no proper basis for the awards to small businesses.