Protest of GSA Set-Aside Determination

A company protested a General Services Administration (GSA) determination to set aside for small businesses a multiple award contract for toasters. The protester alleged that only one small business concern was capable of meeting the solicitation requirements and, therefore, GSA lacked a reasonable basis to expect that offers would be received from a sufficient number of responsible small business concerns to assure that the award would be made at a reasonable price. The company further contended that one of the offerors did not manufacture a toaster, but rather, a product designed to grill buns which leaves large areas of the bread untoasted. The contracting officer and a Small Business Administration representative made the determination to set aside the contract upon the expected availability of three small business concerns. They also determined that the product that grilled rather than toasted was essentially a toaster for the purposes of the contract. It was held that GSA was reasonable in its anticipation of adequate offerors and GAO does not question such determinations absent a clear showing of abuse of discretion. It was also held that multiple award schedule item descriptions are often broad because the intent is to identify for the user agencies comparable or related items which the contractors are able to supply, and GSA considered the items comparable. Accordingly, the protest was denied.