[Protests of Army Solicitation for Food Services]

B-234808,B-234894: Apr 10, 1989

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A firm protested an Army decision to issue a solicitation for food services as a small-disadvantaged-business set-aside, contending that the Army: (1) violated procurement regulations requiring it to set aside the procurement for small businesses, since it had previously acquired the services on that basis; and (2) used an incorrect industrial classification code. GAO held that the: (1) Army was not required to set aside the instant procurement for small businesses, since the preceding contract was not a small business set-aside; and (2) Small Business Administration had conclusive authority to determine the proper industrial classification code. Accordingly, the protest was dismissed.

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