Protest of Procurement Set Aside by GSA

A company protested the action by the General Services Administration (GSA) of setting aside 11 procurements for guard service for small business participation. In addition a second firm protested five of the same procurements and its reasons were similar to the those argued by the first protester. The first protester contended that the set-asides were unfair, discriminatory, and possibly violated regulations for initiating set-asides, regulations for modifying unrestricted procurements, and national policy encouraging employment of minority persons. The second protester contended that GSA failed to perform the required duties when it concurred that the invitations for bids be changed from unrestricted procurement to small business set-asides. The protests alleging the procurement should not have been set-aside were denied since the decision whether procurement should be set-aside is within authority and discretion of the contracting agency. No legal basis exists to support the objection to small business set-asides on the basis that national policy to encourage minority employment should prevail over policy of Government supplies and services from small businesses. Where a large business protester is ineligible for award under proper small business set aside, its objections to alleged deficiencies in solicitation will not be considered. The protest was denied in part and dismissed as to those issues for which the protesters were not interested parties.