[Protests of DOD Solicitation Under SDB Set-Aside Program]

B-262015,B-265701: Aug 17, 1995

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Two firms protested a Department of Defense (DOD) small disadvantaged business (SDB) set-aside procurement, contending that the set aside was unconstitutional. GAO held that: (1) the lower federal courts should determine the constitutionality of the program; and (2) it would be improper to consider the protester's allegations, since there was no clear judicial precedent concerning the constitutionality of such programs. Accordingly, the protest was denied.