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B-287237 1 (2001-05-17)

handle is hein.gao/gaocrptampd0001 and id is 1 raw text is: 




         G     A     0                                                Comptroller General
             SIntegrity Reliability                                    of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Belleville Shoe Manufacturing Company; Altama Delta Corporation;
                      Wellco Enterprises, Inc.

          File:       B-287237; B-287237.2; B-287237.3

          Date:       May 17, 2001

          Thomas C. Wheeler, Esq., and Sheila C. Stark, Esq., Piper Marbury Rudnick & Wolfe,
          for Belleville Shoe Manufacturing Company; David P. Metzger, Esq., Holland &
          Knight, for Altama Delta Corporation; and James J. McCullough, Esq., and Steven A.
          Alerding, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Wellco Enterprises, Inc.,
          the protesters.
          Deniz H. Hardy, Esq., Grayson & Kubli, for McRae Industries, Inc.; and Barbara A.
          Duncombe, Esq., Porter, Wright, Morris & Arthur, for Rocky Shoes and Boots Inc.,
          intervenors.
          Sharif T. Dawson, Esq., Defense Supply Center Philadelphia, and Laura Mann
          Eyester, Esq., Small Business Administration, for the agencies.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest is sustained where, although agency reasonably determined that small
          total business set-asides were not appropriate for more than one portion of boot
          manufacturing requirement, it improperly failed to consider whether non-set-aside
          portions should be partially set-aside.

          2. Where procuring agency treats each of three contracts to be awarded under
          single solicitation as separate requirements, it is appropriate to perform a small
          business set-aside determination for each requirement, rather than a partial set-aside
          determination for the solicitation as a whole.

          3. Solicitation providing for best value evaluation, with technical factors more
          important than price, is subject to the regulations requiring agency to determine
          whether requirement should be partially set-aside for small business.

          4. In considering whether a small business concern is a responsible prospective
          offeror for purposes of a small business set-aside determination, agency properly

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