B-219200, JUL 2, 1985, 85-2 CPD 21
Highlights
CONTRACTS - PROTESTS - INFORMATION EVALUATION - SUFFICIENCY OF SUBMITTED INFORMATION DIGEST: PROTEST AGAINST DECISION TO AMEND SOLICITATION TO SET ASIDE PROCUREMENT EXCLUSIVELY FOR SMALL BUSINESS IS DISMISSED WHERE PROTESTER DOES NOT ALLEGE LEGAL OR FACTUAL GROUNDS FOR CHALLENGING THE SET-ASIDE DECISION. SO THAT THE FCC'S REQUIREMENTS FOR COMPUTER OUTPUT MICROFICHE SERVICES WILL BE PROCURED TOTALLY FROM SMALL BUSINESSES. DIRECTS THE SETTING ASIDE OF PROCUREMENTS IF THE CONTRACTING OFFICER DETERMINES THAT THERE IS A REASONABLE EXPECTATION THAT OFFERS WILL BE OBTAINED FROM AT LEAST TWO RESPONSIBLE SMALL BUSINESS CONCERNS AND AWARDS WILL BE MADE AT REASONABLE PRICES. ZYTRON DOES NOT ALLEGE THAT THERE ARE FEWER THAN TWO SMALL BUSINESS CONCERNS WHICH MAY REASONABLY BE EXPECTED TO SUBMIT BIDS ON THIS SOLICITATION OR THAT A REASONABLE PRICE CANNOT BE OBTAINED FROM A SMALL BUSINESS.
B-219200, JUL 2, 1985, 85-2 CPD 21
CONTRACTS - PROTESTS - INFORMATION EVALUATION - SUFFICIENCY OF SUBMITTED INFORMATION DIGEST: PROTEST AGAINST DECISION TO AMEND SOLICITATION TO SET ASIDE PROCUREMENT EXCLUSIVELY FOR SMALL BUSINESS IS DISMISSED WHERE PROTESTER DOES NOT ALLEGE LEGAL OR FACTUAL GROUNDS FOR CHALLENGING THE SET-ASIDE DECISION.
ZYTRON CORPORATION:
ZYTRON CORPORATION (ZYTRON), A LARGE BUSINESS, PROTESTS THE DECISION TO AMEND FEDERAL COMMUNICATIONS COMMISSION (FCC) SOLICITATION NO. IFB 85-03, SO THAT THE FCC'S REQUIREMENTS FOR COMPUTER OUTPUT MICROFICHE SERVICES WILL BE PROCURED TOTALLY FROM SMALL BUSINESSES.
THE FEDERAL ACQUISITION REGULATION, 48 C.F.R. SEC. 19.502-2 (1984), DIRECTS THE SETTING ASIDE OF PROCUREMENTS IF THE CONTRACTING OFFICER DETERMINES THAT THERE IS A REASONABLE EXPECTATION THAT OFFERS WILL BE OBTAINED FROM AT LEAST TWO RESPONSIBLE SMALL BUSINESS CONCERNS AND AWARDS WILL BE MADE AT REASONABLE PRICES. SEE INGERSOLL-RAND CO., B-218084, FEB. 8, 1985, 85-1 CPD PARA. 171.
OUR OFFICES HAS BEEN INFORMALLY ADVISED BY THE FFC THAT THIS REQUIREMENTS HAS BEEN SUCCESSFULLY PROCURED ON A SMALL BUSINESS SET ASIDE BASIS FOR THE PAST 5 YEARS. MOREOVER, ZYTRON DOES NOT ALLEGE THAT THERE ARE FEWER THAN TWO SMALL BUSINESS CONCERNS WHICH MAY REASONABLY BE EXPECTED TO SUBMIT BIDS ON THIS SOLICITATION OR THAT A REASONABLE PRICE CANNOT BE OBTAINED FROM A SMALL BUSINESS. THEREFORE, ZYTRON HAS NOT ALLEGED ANY FACTUAL OR LEGAL GROUNDS WHICH PROVIDE A BASIS FOR SUSTAINING THE PROTEST. INGERSOLL -RAND CO., B-218084, SUPRA.
MOREOVER, THE FACT THAT THE SOLICITATION AS ORIGINALLY ISSUED ON AN UNRESTRICTED BASIS DOES NOT ALTER THIS CONCLUSION. SEE WILKINSON MANUFACTURING CO., B-210642; B-210642.2; B-211730, MAR. 6, 1984, 84-1 CPD PARA. 270; AMERICAN DREDGING CO., B-201687, MAY 5, 1981, 81-1 CPD PARA. 344. ACCORDINGLY, THE PROTEST IS DISMISSED. SEE GAO BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.3(F) (1985); INGERSOLL-RAND CO., B-218084, SUPRA.