[Protest of Army Solicitation for Painting]

B-241149: Jan 25, 1991

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A firm protested an Army solicitation for house painting services, contending that the: (1) small-disadvantaged-business set-aside conflicted with the requirements of the Small Business Competitiveness Demonstration Program Act; and (2) Army improperly applied the small-disadvantaged-business program to a construction contract. GAO held that the Army properly set aside the solicitation for small disadvantaged businesses, since the: (1) Army had a statutory requirement to set aside some procurements for small disadvantaged businesses; (2) small-disadvantaged-business set-aside did not violate the applicable regulations regarding discrimination; and (3) procurement did not qualify as an exception to requirements to set aside procurements for small disadvantaged businesses. Accordingly, the protest was denied.