B-207063, APR 27, 1982
Highlights
DIGEST: PROTEST THAT PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESSES IS SUMMARILY DENIED SINCE. THERE IS NOTHING IN THE SMALL BUSINESS ACT OR PROCUREMENT REGULATIONS THAT MAKES IT MANDATORY THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESSES. WHILE THE GOVERNMENT'S POLICY IS THAT A FAIR PROPORTION OF PURCHASES BE PLACED WITH SMALL BUSINESS CONCERNS. THE DECISION WHETHER A PARTICULAR PROCUREMENT SHOULD BE SET ASIDE FOR SMALL BUSINESSES ESSENTIALLY IS ONE WITHIN THE DISCRETION OF THE CONTRACTING ACTIVITIES.
B-207063, APR 27, 1982
DIGEST: PROTEST THAT PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESSES IS SUMMARILY DENIED SINCE, WITH CERTAIN EXCEPTIONS NOT RELEVANT HERE, NOTHING IN SMALL BUSINESS ACT OR REGULATIONS MANDATES THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE EXCLUSIVELY FOR SMALL BUSINESS PARTICIPATION.
A AND W PRODUCTS:
A AND W PRODUCTS PROTESTS THE GENERAL SERVICES ADMINISTRATION'S FAILURE TO SET ASIDE EXCLUSIVELY FOR SMALL BUSINESS PARTICIPATION SOLICITATION NO. 2SC-NBD-A-A1444-S. WE SUMMARILY DENY THE PROTEST.
WITH CERTAIN EXCEPTIONS NOT RELEVANT HERE, THERE IS NOTHING IN THE SMALL BUSINESS ACT OR PROCUREMENT REGULATIONS THAT MAKES IT MANDATORY THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESSES. NAVAJO FOOD PRODUCTS, INC., B-203201, JANUARY 22, 1982, 82-1 CPD 60. WHILE THE GOVERNMENT'S POLICY IS THAT A FAIR PROPORTION OF PURCHASES BE PLACED WITH SMALL BUSINESS CONCERNS, THE DECISION WHETHER A PARTICULAR PROCUREMENT SHOULD BE SET ASIDE FOR SMALL BUSINESSES ESSENTIALLY IS ONE WITHIN THE DISCRETION OF THE CONTRACTING ACTIVITIES. ROMAR CPD . THEREFORE, WE CANNOT LEGALLY OBJECT TO THE THE PROCUREMENT IN QUESTION.