B-191486, B-191581, APR 18, 1978

B-191486,B-191581: Apr 18, 1978

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DETERMINATION TO SET ASIDE PROCUREMENT UNDER SECTION 8(A) OF SMALL BUSINESS ACT IS A MATTER FOR CONTRACTING AGENCY AND SBA. IS NOT CONSIDERED BY GAO UNDER BID PROTEST PROCEDURE. HAVE PROTESTED THE NONCOMPETITIVE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE AIR FORCE UNDER THE SMALL BUSINESS ADMINISTRATION'S (SBA) 8(A) PROGRAM. THE CONTRACTING OFFICER OF SUCH AGENCY IS AUTHORIZED IN HIS DISCRETION TO LET THE CONTRACT TO SBA UPON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BETWEEN SBA AND THE PROCURING AGENCY. IT IS CLEAR. THAT THE DETERMINATION TO INITIATE A SET- ASIDE UNDER SECTION 8(A) AND TO DISPENSE WITH COMPETITION IS A MATTER WITHIN THE SOUND DISCRETION OF THE SBA AND THE CONTRACTING AGENCY.

B-191486, B-191581, APR 18, 1978

DETERMINATION TO SET ASIDE PROCUREMENT UNDER SECTION 8(A) OF SMALL BUSINESS ACT IS A MATTER FOR CONTRACTING AGENCY AND SBA, AND IS NOT CONSIDERED BY GAO UNDER BID PROTEST PROCEDURE.

COMMUNICOLOGY, INC. OCEAN TECHNOLOGY, INC.:

COMMUNICOLOGY, INC. AND OCEAN TECHNOLOGY, INC. HAVE PROTESTED THE NONCOMPETITIVE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE AIR FORCE UNDER THE SMALL BUSINESS ADMINISTRATION'S (SBA) 8(A) PROGRAM.

SECTION 8(A) OF THE SMALL BUSINESS ACT (SBA) (15 U.S.C. 637 (A)) AUTHORIZES THE SBA TO ENTER INTO CONTRACTS WITH ANY GOVERNMENT AGENCY HAVING PROCUREMENT POWERS, AND THE CONTRACTING OFFICER OF SUCH AGENCY IS AUTHORIZED IN HIS DISCRETION TO LET THE CONTRACT TO SBA UPON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BETWEEN SBA AND THE PROCURING AGENCY. IT IS CLEAR, THEREFORE, THAT THE DETERMINATION TO INITIATE A SET- ASIDE UNDER SECTION 8(A) AND TO DISPENSE WITH COMPETITION IS A MATTER WITHIN THE SOUND DISCRETION OF THE SBA AND THE CONTRACTING AGENCY. STEAMATIC BY M & S TOLCSER, B-190799, DECEMBER 22, 1977, 77-2 CPD 496.

THE PROTEST IS DISMISSED.