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B-206798.2 1 (1983-05-23)

handle is hein.gao/gaobadlcd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . .OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-206798.2 DATE: May 23, 1983 MATTER OF: The General Services Administration-- Reconsideration DIGEST: Where agency has not advanced additional facts or legal arguments which show prior decision was erroneous, decision is affirmed. The General Services Administration (GSA) requests that we reconsider our decision in the matter of DISA Electron- ics, 62 Comp. Gen. (B-206798, March 25, 1983), 83-1 CPD 306. In that deci-sioln, we sustained the protest of DISA, a large business, against GSA's set-aside for small businesses of Federal Supply Service (FSS) multiple-award contracts for a broad category of instruments described as velocimeterb. We found the set-aside improper because the evidence avail- able to the contracting officer prior to'the receipt of offers suggested that only one small business firm could supply a portion of the models and that this firm had received the large majority, in terms of dollars, of FSS sales of those particular instruments under a previous FSS set-aside. We recommended that, for the 1984 FSS, GSA obtain data specifying the types of velocimeters or velocimeter compo- nents purchased by the Government under previous FSS set- asides, and, if that data reveals that there is in fact no reasonable expectation of competition for particular types of velocimeters, the 1984 FSS contracts for those velocimeters not be set aside. GSA contends that our decision in this case is contrary to decisions of our office in which we consistently have held that the decision to set aside a procurement is basi- cally a business judgment within the broad discretion of the contracting officer and that, absent a clear showing of abuse of discretion, fraud or bad faith, we will not substi- tute our judgment for that of the contracting officer. GSA also argues that the contracting officer followed all appli- cable procedures in making the set-aside determination and that GAO based its decision on information not available to the contracting officer at the time the set-aside determina- tion was made and improperly reevaluated in retrospect the contracting officer's determination.

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