[Protests of DOD Solicitation Under SDB Set-Aside Program]

Two firms protested a Department of Defense (DOD) small disadvantaged business (SDB) set-aside procurement, contending that the set aside was unconstitutional. GAO held that: (1) the lower federal courts should determine the constitutionality of the program; and (2) it would be improper to consider the protester's allegations, since there was no clear judicial precedent concerning the constitutionality of such programs. Accordingly, the protest was denied.