[Protest of Contract Award as Small Business Set-Aside]
Highlights
A firm protested the Defense Personnel Support Center's contract award for anti-chap lipstick, because the solicitation was a small business set-aside and only one offer was received. The protester contended that the policy of setting aside all procurements for the lipstick violated the provision that a "fair proportion" of the total government purchases and contracts be placed with small businesses. GAO held that receiving only one acceptable offer does not affect the propriety of the determination to set the procurement aside for small businesses and does not mean that more than a fair proportion of the government's total contracts have been awarded to small businesses. Furthermore, GAO found that the protester's contention was untimely because protests based on alleged improprieties in a solicitation, which are apparent prior to bid opening, should be filed prior to that time. Accordingly, the protest was dismissed.