B-218084, FEB 8, 1985, 85-1 CPD 171
Highlights
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - SET-ASIDES - ADMINISTRATIVE DETERMINATION DIGEST: GAO WILL NOT CONSIDER PROTEST AGAINST SMALL BUSINESS SET-ASIDE WHERE PROTESTER DOES NOT ALLEGE LEGAL OR FACTUAL GROUNDS FOR CHALLENGING THE SET -ASIDE DECISION. INGERSOLL-RAND ARGUES THAT IT IS COMMITTED TO SUPPORTING SMALL BUSINESS THROUGH ITS SUBCONTRACTING ACTIVITIES AND THAT DLA SHOULD THEREFORE ALLOW INGERSOLL-RAND TO COMPETE FOR THE PRIME CONTRACT WHICH WILL PURPORTEDLY REDUCE THE COST TO THE GOVERNMENT FOR THIS PROCUREMENT. DIRECTS THE SETTING ASIDE OF PROCUREMENTS IF THE CONTRACTING OFFICER DETERMINES THAT THERE IS A REASONABLE EXPECTATION THAT OFFERS WILL OBTAINED FROM AT LEAST TWO RESPONSIBLE SMALL BUSINESS CONCERNS AND AWARDS WILL BE MADE AT REASONABLE PRICES.
B-218084, FEB 8, 1985, 85-1 CPD 171
CONTRACTS - SMALL BUSINESS CONCERNS - AWARDS - SET-ASIDES - ADMINISTRATIVE DETERMINATION DIGEST: GAO WILL NOT CONSIDER PROTEST AGAINST SMALL BUSINESS SET-ASIDE WHERE PROTESTER DOES NOT ALLEGE LEGAL OR FACTUAL GROUNDS FOR CHALLENGING THE SET -ASIDE DECISION.
INGERSOLL-RAND COMPANY:
INGERSOLL-RAND COMPANY PROTESTS THE SMALL BUSINESS SET-ASIDE OF DEFENSE LOGISTICS AGENCY (DLA) SOLICITATION NO. DLA700-75-B-0586 TO PROCURE AN AFTERCOOLER SHELL FOR A COMPRESSOR ORIGINALLY MANUFACTURED BY INGERSOLL- RAND.
INGERSOLL-RAND ARGUES THAT IT IS COMMITTED TO SUPPORTING SMALL BUSINESS THROUGH ITS SUBCONTRACTING ACTIVITIES AND THAT DLA SHOULD THEREFORE ALLOW INGERSOLL-RAND TO COMPETE FOR THE PRIME CONTRACT WHICH WILL PURPORTEDLY REDUCE THE COST TO THE GOVERNMENT FOR THIS PROCUREMENT.
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 OBTAINED FROM AT LEAST TWO RESPONSIBLE SMALL BUSINESS CONCERNS AND AWARDS WILL BE MADE AT REASONABLE PRICES. INGERSOLL-RAND 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. THEREFORE, INGERSOLL-RAND HAS NOT ALLEGED ANY LEGAL OR FACTUAL GROUNDS WHICH WOULD PROVIDE A BASIS FOR SUSTAINING THE PROTEST. ACCORDINGLY, THE PROTEST IS DISMISSED. SEE GAO BID PROTEST REGULATIONS, SEC. 21.3(F), 49 FED.REG. 49419 (1984) (TO BE CODIFIED IN 4 C.F.R. PART 21.)