[Protest of Navy Contract Award for Storage Tanks]
Highlights
A firm protested a Navy contract award for storage tanks, contending that the Navy improperly extended the delivery date for the awardee. GAO held that the protester: (1) was not sufficiently interested to protest the award, since it would not be in line for award even if its protest were sustained; (2) failed to submit a timely bid in response to the solicitation; and (3) failed to file a timely protest challenging the rejection of its late bid. Accordingly, the protest was dismissed.
B-207714, JUN 14, 1982
DIGEST: WHERE NEITHER SMALL BUSINESS ACT NOR APPLICABLE REGULATIONS MANDATE SET ASIDE OF PARTICULAR PROCUREMENT FOR SMALL BUSINESS, DECISION WHETHER TO SET ASIDE PROCUREMENT IS WITHIN DISCRETION OF CONTRACTING AGENCY.
HOME THERAPY EQUIPMENT, INC.:
HOME THERAPY EQUIPMENT, INC., PROTESTS THE VETERANS ADMINISTRATION'S (VA) FAILURE TO SET ASIDE FOR SMALL BUSINESS INVITATION FOR BIDS NO. 500-65-82 FOR OXYGEN AND OXYGEN RELATED EQUIPMENT. WE SUMMARILY DENY THE PROTEST.
WITH CERTAIN EXCEPTIONS NOT RELEVANT HERE, THERE IS NOTHING IN THE SMALL BUSINESS ACT OR PROCUREMENT REGULATIONS WHICH MAKES IT MANDATORY THAT ANY PARTICULAR PROCUREMENT BE SET ASIDE FOR SMALL BUSINESS. 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 BUSINESS ESSENTIALLY IS ONE WITHIN THE DISCRETION OF THE CONTRACTING ACTIVITIES. A AND W PRODUCTS, B-207063, APRIL 27, 1982, 82-1 CPD 394. THEREFORE, WE CANNOT LEGALLY OBJECT TO THE VA'S FAILURE TO SET ASIDE THIS PROCUREMENT.
THE PROTEST IS SUMMARILY DENIED.