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B-195747.2 1 (1980-08-19)

handle is hein.gao/gaobadimr0001 and id is 1 raw text is: - THE CCOMPTROLLER GENERAL DECISION . OF THE UNITED STATES .~~7',C A/A SHrN G TON. 0 C 2 0 5 4 8 FL:B-195747. 2 DATE: August 19, 1980 MATTER OF: Hein-Werner Corporation - Reconsideratio'n OlGEST: Prior decision holding contracting officer acted reasonably in setting procurement aside for small busi- nesses on grounds that 11 small busi- nesses were on original mailing list which was ultimately expanded to 28, and bids from several small businesses were received in two recent prior pro- curements, is affirmed where protester has not established either error of fact or law. Hein-Werner Corporation (Hein-Werner) requests recon- sideration of our decision, Hein-Verner Corporation, B-195747, May 2, 1980, 80-1 CPD 317, denying that firm's protest of the Deartrent of the Army's determination ACo OD to set aside a purchase of ten-ton hydraulic dolly jacks for small businesses. For the reasons given below we affirm our'prior decision. In denying the protest we held that the contracting officer reasonably d.etermined that bids from a sufficient number of responsible small business concerns would be received because the record indicated that the contract- ing officer had 11 small business firms on the original mailing list, the IFB was ultimately sent to 28 firms, and bids from several small businesses had been received under the two most recent procurements for these items. We also stated that even if there was only one small business capable of manufacturing the jacks in question, the set-aside would have been proper under Defense Acqui- sition Regulation (DAR) § 1-706.5(a) (1976 ed.) since Hein-Werner had not shown that none of the other small L~-~-, e4 L it X

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