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B-408633 1 (2013-09-18)

handle is hein.gao/gaobadptv0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Latvian Connection General Trading and Construction LLC File: B-408633 Date: September 18, 2013 Keven L. Barnes for the protester. Behn M. Kelly, Esq., Col. Barbara E. Shestko, Skye Mathieson, Esq., Capt. Marc P. Mallone, Department of the Air Force; and Kevin R. Harber, Esq., Small Business Administration, for the agencies. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's contention that the Small Business Act, 15 U.S.C. § 644(j)(1) (2006), requires agencies to set aside for small businesses located outside the United States and its outlying areas procurements valued under the simplified acquisition threshold, unless the agency is unable to obtain offers from two or more small business concerns at fair market prices, is denied where the Act is silent on its application outside the United States, and where the Federal Acquisition Regulation (FAR) expressly provides that the set-aside provisions of the Act apply only in the United States or its outlying areas; given the silence of the Act on its implementation outside the United States--and the silence of the Small Business Administration's regulations on the issue--we will not conclude that the validly-promulgated, long- standing regulation found at FAR § 19.000(b) is inconsistent with, or contrary to, the Small Business Act. DECISION Latvian Connection General Trading and Construction LLC, of Kuwait City, Kuwait, a veteran-owned small business, protests the terms of request for quotations (RFQ) No. FA5709-13-T-0039, issued by the Department of the Air Force for armored cable. Latvian contends that the Air Force was required to set aside the RFQ for small business concerns. We deny the protest.

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