B-194577, MAY 10, 1979
Highlights
DIGEST: PROTEST THAT PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS WILL NOT BE CONSIDERED SINCE NOTHING IN SMALL BUSINESS ACT MANDATES THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESS. R6-21-79- 10 SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS AS THE PROCUREMENT OF RENTAL VEHICLES WAS IN THE PAST. THE REASON THE PROCUREMENT WAS NOT SET ASIDE WAS THAT THE CONTRACTING ACTIVITY WAS ATTEMPTING TO OBTAIN GREATER COMPETITION. IT IS NOT CLEAR FROM THE PROTEST LETTER THAT IT IS TIMELY. EVEN IF IT IS. OUR OFFICE WILL NOT CONSIDER THE MATTER. WE HAVE HELD THAT WHILE IT IS THE POLICY OF THE GOVERNMENT TO AWARD A FAIR PROPORTION OF SUPPLIES AND SERVICES TO SMALL BUSINESS CONCERNS.
B-194577, MAY 10, 1979
DIGEST: PROTEST THAT PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS WILL NOT BE CONSIDERED SINCE NOTHING IN SMALL BUSINESS ACT MANDATES THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESS.
AMERICAN INTERNATIONAL RENT-A-CAR:
AMERICAN INTERNATIONAL RENT-A-CAR PROTESTS THAT THE COLEVILLE NATIONAL FOREST, REGION 6 OF THE FOREST SERVICE, INVITATION FOR BIDS NO. R6-21-79- 10 SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS AS THE PROCUREMENT OF RENTAL VEHICLES WAS IN THE PAST. THE REASON THE PROCUREMENT WAS NOT SET ASIDE WAS THAT THE CONTRACTING ACTIVITY WAS ATTEMPTING TO OBTAIN GREATER COMPETITION.
IT IS NOT CLEAR FROM THE PROTEST LETTER THAT IT IS TIMELY. SEE BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2 (1978). HOWEVER, EVEN IF IT IS, OUR OFFICE WILL NOT CONSIDER THE MATTER.
WE HAVE HELD THAT WHILE IT IS THE POLICY OF THE GOVERNMENT TO AWARD A FAIR PROPORTION OF SUPPLIES AND SERVICES TO SMALL BUSINESS CONCERNS, THERE IS NOTHING IN THE SMALL BUSINESS ACT WHICH MANDATES THAT THERE BE A SET- ASIDE FOR SMALL BUSINESS AS TO ANY PARTICULAR PROCUREMENT. MCCOTTER MOTORS, INC., B-188761, B-188839, B-188975, JANUARY 12, 1978, 78-1 CPD 29; MULTI-MAC SERVICE CORPORATION, B-190360, OCTOBER 21, 1977, 77-2 CPD 318.
ACCORDINGLY, THE PROTEST IS DISMISSED.