B-234644.2, Mar 23, 1989, 89-1 CPD 298
Highlights
PROCUREMENT - Bid Protests - Dismissal - Definition DIGEST: Protest that procurement has been improperly set aside for small business concerns is dismissed for failure to state a basis of protest where protester does not allege that the agency had no reasonable expectation that bids from two responsible small business concerns would be received and that award would be made at a reasonable price. A total small business set-aside is authorized if the contracting officer has a reasonable expectation that offers will obtained from at least two responsible small business concerns and that the award will be made at a reasonable price. TAD has not alleged either that the Navy is unreasonable in believing that offers will be obtained from at least two responsible small business concerns or that the Navy cannot expect that award will be made at a reasonable price.
B-234644.2, Mar 23, 1989, 89-1 CPD 298
PROCUREMENT - Bid Protests - Dismissal - Definition DIGEST: Protest that procurement has been improperly set aside for small business concerns is dismissed for failure to state a basis of protest where protester does not allege that the agency had no reasonable expectation that bids from two responsible small business concerns would be received and that award would be made at a reasonable price.
TAD Temporaries:
TAD Temporaries protests the decision to set aside for small business concerns request for proposals (RFP) No. N68836-89-R-0014, issued by the Navy for library services. We dismiss the protest because it does not state a valid basis for a protest.
A total small business set-aside is authorized if the contracting officer has a reasonable expectation that offers will obtained from at least two responsible small business concerns and that the award will be made at a reasonable price. Advanced Construction, Inc., B-218554, May 22, 1985, 85-1 CPD Para. 587. TAD has not alleged either that the Navy is unreasonable in believing that offers will be obtained from at least two responsible small business concerns or that the Navy cannot expect that award will be made at a reasonable price. We note that TAD also fails to allege any violation of procurement statutes or regulations.
Our Bid Protest Regulations explicitly state that protesters are required to set forth a detailed statement of the legal and factual grounds of protest. 4 C.F.R. Sec. 21.1(c)(4) (1988). The protester has failed to do so here. Therefore, pursuant to 4 C.F.R. Sec. 21.3(m), the protest is dismissed. See The Vollrath Co., B-230029, Jan. 29, 1988, 88-1 CPD Para. 99.