B-266144.3: Feb 28, 1996

A firm requested reconsideration of its protest of an U.S. Property and Fiscal Office, Oregon, solicitation. GAO had held that: (1) a Supreme Court ruling regarding set-aside programs did not provide a clear judicial precedent as to the constitutionality of the Department of Defense (DOD) set-aside program; and (2) the protester was not sufficiently interested to protest the award, since it was no...

B-266144.3: Feb 28, 1996

General Accounting Office denies request for reconsideration of dismissal of protest challenging the constitutionality of the Department of Defense small disadvantaged business set-aside program because there is no clear judicial precedent. Harlow argued that the set-aside was inconsistent with Adarand Constructors. The Supreme Court held that the proper test for determining the constitutionality...