[Protest of Army Decision To Withdraw Total Small Business Set-Aside Restriction in a Solicitation]

A firm protested an Army decision to withdraw a total small business set-aside restriction and solicit microfiche services on an unrestricted basis. The contracting officer stated that the decision to set aside the procurement had been based on a reasonable expectation that offers would be received from at least two small businesses. An amendment to the solicitation was issued, which deleted the small business set-aside restriction, after one of the potential offerers stated that it did not meet the size standards set forth in the solicitation. The contracting officer noted that the protester: (1) did not attend a qualification exercise in which firms interested submitted sample products derived from actual Army data; (2) never requested materials needed to perform the qualification exercise; and (3) had not indicated that it would submit an offer under the amended solicitation. The protester argued that there had been no showing by the contracting officer that a sufficient number of responsive proposals would not be received. GAO will not question a determination by a contracting officer to withdraw a small business set-aside where the Small Business Administration has concurred without evidence of arbitrary or capricious action. GAO noted that there was no indication that the set-aside was withdrawn in order to obtain a more favorable price. Accordingly, the protest was denied.