[Protest of Alleged Education Violation of Federal Acquisition Regulations]

A firm protested any Department of Education subcontract award under a small Business Administration (SBA) program, contending that Education: (1) failed to follow applicable regulations concerning small business subcontractor selection; and (2) was not authorized to evaluate potential contractors. GAO held that: (1) the SBA provisions provided only information and guidance as to how agencies should place small business contracts; and (2) it was proper for Education to act on behalf of SBA in selecting contractors for award. GAO found that, although SBA and Education did not follow the program procedures exactly, they followed them in substance. Accordingly, the protest was denied.