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[Protest of Army Corps of Engineers Decision Not to Set Aside Solicitation for Small Businesses]

B-234093: Mar 30, 1989

A firm protested the Army Corps of Engineers' failure to set aside for small businesses a solicitation for warehouse construction, contending that the Army received bids from five small businesses on the bidding list. GAO held that the Army's decision to not restrict the procurement was reasonable, since it: (1) had no expectation that it would receive bids from at least two small businesses; and...

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B-234093, Mar 30, 1989, 89-1 CPD 334

B-234093: Mar 30, 1989

Is not an abuse of discretion where the requirement had no prior procurement history. The only construction requirement of similar scale within the previous 2 years had been bid upon by only one small business and was awarded at a price substantially lower than the contemplated contract. The decision was concurred in by small business specialists. The agency was unaware of any actual small busines...

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