[Protest of HHS Solicitation for Laboratory and Pathology Testing Services]

B-261327: Aug 30, 1995

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A firm protested a Department of Health and Human Services (HHS) solicitation for laboratory and pathology testing services, contending that: (1) HHS should have issued the solicitation as a small business set-aside; and (2) several solicitation specifications were defective. GAO held that: (1) HHS reasonably determined that, based on recent procurement history, it would not receive bids from at least two responsible small businesses at reasonable prices; (2) HHS properly issued the solicitation on an unrestricted basis; and (3) the protest of the alleged defective specifications was moot, since HHS corrected the specifications in accordance with the protester's objections. Accordingly, the protest was denied.