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B-190272 1 (1977-11-23)

handle is hein.gao/gaobadfkh0001 and id is 1 raw text is: Wv THE COMPTROLLBR OSNERAL DECIBION OF THE UNITED BTATEE WAsHINGT0N. D.C. 20540 -4 FILE: B-190272 DATE: November 23, 1977 MATTER OF: W.O.H. Enterprises, Inc. S DIGEST: 1. Interpretation that colicitation is small business sec-aside, based on definition of term advertised in standard form 33A and fact that previous similar procurements had been set-asides, is not reasonable, since when solicitation is small business set-aside notice must be included it. invitation for bids (IFB), and IFB here has no such notice. 2. Since nothing in Small Business Act or procurement regulations mandates that any particular procurement be set aside for small business, contention that particular procuremen should have been set aside will not be considered. W.O.H. Enterprises, Inc. (W.0.H.), protests the award of a contract under invitation for bids No. 77-101, issued by the Veterans Administration Hospital, New Orleans, Louisiana, to any large business. W.0.H. argues that the solicitation was set aside for small businesses, based upon its interpretation of the definition of advertised in section '(c) of the Standard Form 33A, Solicitation Instructions and Cond'tions, which states, in perti- nent part, that: For purposes of this solicitation and Block 2 of Standard Form 33, the term 'advertised' includes Small Business Restricted Advertising and other types of restricted advertising. W.O.H. also contends Luat its understanding was based on past experience with other agencies involving the same type of work and alno procured using the standard form 33 solicitation. The standard form 33 is used for most Government susply con- tracr procurements, whether advertised or negotiated, or set aside for small businesses or not. Federal Procurement Regulations (FPR) § 1-16.101(a) and (b) (1964 ed. amend. 105). The instruction quoted from section 1(c) of the standard form 33A is merely a definition of - 1-