cases and i don't know whether when you get to the second case they will have much to say and we would ask you not to simply be repetitious so why don't we hear the first case five zero seven business concerns and to the circumstances described in one thousand five zero two two one to exist the actual wording of the bar uses and or compared the basis and the overall structure of the statute lead to the conclusion that the small business set aside some are not intended for a job or senate term its first look at look at the fine print eligible entity now again congress chose his words carefully importantly in the description of eligible any congress did not articulate any standard for the department of labor to use to make any else and the ineligible before conducting before selecting the competitive basis in your in still quoting congress's use of the term fair instruct the agencies to be rational reasonable small business set aside a proposition in both pre sliced citation where in the regulations or the small business  two fifty nine congress make clear that the clear intent of this legislation is to guarantee that a predominant portion of contract dollars is awarded under circumstances in which all businesses large medium small are allowed to pete so the presumption here is that there has to be a and in any government decision there has to be a rational basis so there has to be some facts to support it and in this situation the court and tried to found that there was no fair proportion determination made prior to setting aside this project but where does the statute or the regulations there has to be such a determination made an individualized basis  class of acquisitions for composition for competition so right there in the opening but it doesn't say that he has to make such a determination on the formal determination just tells him what to do well but it says that  made and here there was no discrimination made the rep and agreeable it was clear that there was no fair proportion terminations made by anyone my next question is fair proportion where is the concerns of the not be too much set aside for small business the concern seems to be to make sure that another set aside for small business where is the concern that there not be too much stress again that comes from the congressional congressional record your honor after the legislative history of the statute talking about how that point is to assure that at least there is that there is a a floor perhaps a ceiling for that are to be considered is whether or not small business concerns are already receiving a fair proportion of the h these contracts for services and supplies and that the subsection after that regulation so  far itself put in limits as to what a fair portion should be the presumption is that everything should be full and open unless of course it's for the in the interest of furthering small business and it's while they mean that in the r f i they didn't list the right factors they didn't ask the right questions your honor and was that issue raised in the court of yes it was your honor and what about the fact that you didn't challenge the or if i had the problem it was issue to be familiar with our decision in blue and gold yes your honor so why doesn't blue and gold require you to challenge the r if i had to time if challenges standing challenges because adams as a small as a large business contractor for instance the small business act of six forty four and was not enacted for the benefit determination and a small business tax and i want to be very very clear there is no ceiling small business set aside under the small business act that this language is drafted the plain language of fifteen unity six for you for it clearly  drafted for the benefit of ensuring that the policies of fostering small business competition are satisfied that there's a fair proportion of these small business contracts awarded across different engine industry fourteen rigorous criteria as judge williams noted in the stats and case below my concern because the former is a concern experienced there are perfectly reasonable criteria i think i'm taking issue with the fact that they that the department of labor the real subset of issues that are raised here and there was a discussion of consulting actions and one of the reasons why we vigorously oppose consolidation and they are really are different records different arguments and they're individual but the interesting thing is that talk about a deal to criteria your honor again i point to court too far as nine point one four dash one which lists the responsibility factors that must be express the stating that it must be responsibly terminations link the two together and requires an age to look at the required responsibility factors in order to make determine whether or not the performance should be set aside now what was regulations let's get let's get this right back to we were we itself as has very specific geographical requirements believed coordinate with actual state and local plans trainee offered to reflect the local communities in which the central be operating familiar with the local communities and state which the center is located and past performance of actually operating a joint a job for center none of these names were looked at these were done therefore they got a skewed view of  all know there's another case of thirteen fifty eighty relating to another location i would not want to give you fifteen minutes to restate everything you said but if there are further comments you want to make that are least relevant to the gadsden location please that basic fact for construction look the plain language of the specter at issue the court below didn't look at we have to interpret compared to basis the court below look to competition contracting and that right there  how that term is compliant with compared to the basis that there should be no basis for for allowing small small business set asides here but by the regulation that that department of labor promulgated through the anything further  when conducting market market research agencies should not request potential sources to cement more than the minimum information necessary and i think that if you read in fairness that the market the policy behind market research is to provide a sort of