Protest Against Solicitation Restricting Procurement as Total Small Business Set-Aside

The Naval Surface Weapons Center issued an invitation for bids (IFB) to 23 prospective bidders, for procurement of MK-12 surface supported diving system mittens and dress suits. U.S. Divers Company protested the IFB's total small business set-aside determination, suggesting that reasonable prices and technical competence could not be expected, and noted that only one of the firms submitting bids was a small business concern. The Navy derived its bidders mailing list from sources suggested by the acquiring activity, including both large and small businesses recognized as being technically capable of performing the required work. Consequently, there was a reasonable expectation of production competence, and the price received from the small business bidder was in fact competitive. The total small business set-aside was found to be proper, even though only one bidder qualified as a small business concern, and the protest on this point was denied. The protester also objected to the specification of Chloroprene foam as the material from which the suits were to be manufactured, declaring that the substance had never been used for such suits in the past. GAO found that Chloroprene is a closed cell neoprene rubber which has been widely used in the manufactue of wet and dry suits, and rejected this allegation.