[Protests of DOD SDB Set-Aside Solicitation]

B-265780,B-265781,B-265810,B-265818: Aug 23, 1995

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Three firms protested several Department of Defense (DOD) small disadvantaged business (SDB) set-aside solicitations, contending that the set-asides were unconstitutional. GAO held that: (1) the lower federal courts should determine the constitutionality of SDB procurements; and (2) it would not consider the protests, since there was no clear judicial precedent concerning the constitutionality of such programs. Accordingly, the protests were dismissed.