Protest of Action Taken by SBA

B-200177.2: Oct 5, 1981

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A firm protested an action taken by the Small Business Administration (SBA) in the award of a contract for custodial services under the SBA 8(a) program. The small business protester, the incumbent contractor, contended that SBA erroneously assessed the impact that removing the requirement from competition would have on the firm's viability as a business enterprise. Because of the broad discretionary authority afforded SBA under the Small Business Act, GAO does not review determinations to set aside contracts for section 8(a) awards unless it appears that the determinations resulted from fraud or bad faith on the part of Government officials. Since this was not the case and since the protest was filed more than 10 working days after the protester first knew of the adverse agency action, the protest was untimely and was dismissed.