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B-295322 1 (2005-01-13)

handle is hein.gao/gaocrptaqtn0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Riley Creek Lumber Company File: B-295322 Date: January 13, 2005 James M. English, Esq., English Law Firm, for the protester. Lori Polin Jones, Esq., Department of Agriculture, and Julie Clowes, Esq., Small Business Administration, for the agencies. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, participated in the preparation of the decision. DIGEST Where neither the Small Business Act, the National Forest Management Act, nor any applicable regulations mandate that certain timber sales be set aside for small business or prohibit setting aside any particular timber sale, the decision to set aside a particular sale is within the discretion of the Forest Service and is not subject to review by the Government Accountability Office pursuant to its bid protest authority. DECISION Riley Creek Lumber Company protests the decision of the Department of Agriculture, Forest Service, to set aside the South McSwede, Woody Chuck, and Bristow forest sales, all in Montana's Kootenai National Forest, for small businesses under authority of section 92.3 of the Forest Service Handbook (FSH) 2409.18. Riley Creek, a large business precluded from participating in these timber sales, argues that section 92.3 does not allow the Forest Service and the Small Business Administration (SBA) to establish set-aside sales prior to a triggering event in a National Forest, and no such triggering event had occurred in the Kootenai National Forest. We dismiss the protest. As a preliminary matter, we note that since the subject matter of this protest is a timber sale, not a procurement of property or services, the protest is outside our bid protest jurisdiction. See 31 U.S.C. § 3551(1)(a) (2000). We will consider protests concerning sales by a federal agency only if that agency has agreed in writing to have

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