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B-272223 1 (1996-08-28)

handle is hein.gao/gaocrptaeif0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Schwegman Constructors and Engineers, Inc. File: B-272223 Date: August 28, 1996 Christopher Solop, Esq., and Lynn Hawkins Patton, Esq., Ott & Purdy, for the protester. Richard P. Castiglia, Jr., Esq., Department of the Air Force, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging solicitation's inclusion of evaluation preference for small disadvantaged business concerns in construction acquisitions pursuant to Department of Defense test program on ground that the preference contravenes the Small Business Competitiveness Demonstration Program (SBCDP) Act's mandate for full and open competition is denied; since the evaluation preference does not limit the sources that are permitted to compete, the competition remains full and open and does not violate the SBCDP Act. 2. General Accounting Office will not consider allegation that evaluation preference for small disadvantaged business concerns in construction acquisitions pursuant to Department of Defense test program is unconstitutional in light of Adarand Constructors, Inc. v. Pena and City of Richmond v. Croson Co. because neither decision constitutes clear judicial precedent on the constitutionality or legality of this test program and its evaluation preference. DECISION Schwegman Constructors and Engineers, Inc. protests the terms of invitation for bids (IFB) No. F22600-96-B-0031, issued by the Department of the Air Force to replace chillers at Keesler Air Force Base, Mississippi. Schwegman contends that the solicitation's inclusion of an evaluation preference for small and disadvantaged business (SDB) concerns is improper. We deny the protest. 453828

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