B-239879, Jun 1, 1990, 90-1 CPD 524

B-239879: Jun 1, 1990

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PROCUREMENT - Bid Protests - Moot allegation - GAO review DIGEST: Protest that award to the low bidder is improper because it is not a small business is without merit where the procurement was not set aside for small business. Hardigg asserts that the procurement was set aside for small business and that the awardee. Is not a small business. The agency states that the procurement was not set aside for small business and we see nothing in the solicitation that indicates otherwise. When a procurement is set aside the solicitation is required to contain the provision found at Federal Acquisition Regulation (FAR) Sec. 52.219-6 entitled Sec. 19.508(c). We have no basis to conclude that the procurement here was a small business set-aside.

B-239879, Jun 1, 1990, 90-1 CPD 524

PROCUREMENT - Bid Protests - Moot allegation - GAO review DIGEST: Protest that award to the low bidder is improper because it is not a small business is without merit where the procurement was not set aside for small business.

Attorneys

Hardigg Industries, Inc.:

Hardigg Industries, Inc., protests award to the low bidder by Unicor Federal Prison Industries under invitation for bids (IFB) No. 27 PI 1861. Hardigg asserts that the procurement was set aside for small business and that the awardee, the low bidder, is not a small business.

We find no merit to this protest. The agency states that the procurement was not set aside for small business and we see nothing in the solicitation that indicates otherwise. In this regard, when a procurement is set aside the solicitation is required to contain the provision found at Federal Acquisition Regulation (FAR) Sec. 52.219-6 entitled Sec. 19.508(c). This IFB does not contain that provision or any other comparable one. Accordingly, we have no basis to conclude that the procurement here was a small business set-aside; therefore, there is no basis to object to an award to a bidder that is not a small business.

The protest is dismissed.

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