HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaocrptawan0001 and id is 1 raw text is:
A G A O Comptroller General
. Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: DAV Prime, Inc.
File: B-311420
Date: May 1, 2008
Brian Finley for the protester.
Elin M. Dugan, Esq., Department of Agriculture, Forest Service, for the agency.
Cherie J. Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO
participated in the preparation of the decision.
DIGEST
Protest that agency failed to restrict its solicitation to service-disabled veteran-
owned small business concerns (SDVOSBCs) is dismissed because the law providing
for SDVOSBC set-asides is permissive, not mandatory, and does not require an
agency to set aside contracts for SDVOSBCs.
DECISION
DAV Prime, Inc., a service-disabled veteran-owned small business concern
(SDVOSBC) protests the terms of solicitation No. AG-024B-S-07-0005, issued by the
Department of Agriculture, U.S. Forest Service, for portable latrines. DAV argues
that this work should have been reserved for SDVOSB companies. It contends a set-
aside is required because the agency has violated the Small Business Act, as
amended by § 36 of the Veterans Benefits Act of 2003, Pub. L. No. 108-183, 117 Stat.
2651, 2662 (2003), 15 U.S.C. § 657f (Supp. IV 2004), by failing to meet its stated goal
of awarding 3 percent of its annual contracts to SDVOSBCs, and by failing to
conduct a market survey to determine whether an SDVOSBC set-aside is
appropriate. Protest at 2; Response to Motion to Dismiss at 1.
We dismiss the protest because it does not establish a valid basis for challenging the
agency's action.
Section 36 of the Veterans Benefits Act of 2003 provides:
In accordance with this section, a contracting officer may award
contracts on the basis of competition restricted to [SDVOSBCs] if
the contracting officer has a reasonable expectation that not less](ViewImageLocal?handle=hein.gao/gaocrptawan0001&div=1&collection=&method=preview&ext=.png&size=3)