[Protest of Navy SDB Solicitation]

A firm protested the Navy's issuance of a solicitation under the small disadvantaged business set-aside program, contending that the solicitation did not meet the standards as set forth in a recent Supreme Court decision. GAO held that: (1) the Supreme Court decision did not set a clear judicial precedent on the constitutionality of race-based set-asides, since the Supreme Court left it to the lower courts to decide the constitutionality of individual programs; and (2) it would not consider the protest based on the court case. Accordingly, the protest was dismissed.