Protest Concerning Air Force Award of Ballfield Construction and Repair Contract

B-193286: Feb 13, 1979

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A bidder protested the award of a contract under a small business set-aside issued by the Air Force for the construction and repair of ballfields. The protester contended that the fencing aspect of the job was large enough to warrant a separate contract, questioned the percentage of work being subcontracted, and challenged the small business status of the fencing subcontractor. Because the first issue of the protest related to an alleged defect in the Government's solicitation, it was untimely and not for consideration. There was no legal basis for sustaining the protest on the percentage of the work subcontracted since the protester did not state any reason for its objection. There are few restrictions on the amount of work which small business contractors can subcontract out, particularly under construction contracts, even if the work is subcontracted to large businesses under set-aside procurements. Consequently, the small business status of the fencing subcontractor was immaterial. The protest was dismissed.