Protest of SBA Set-Aside

B-204988: Oct 26, 1981

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A firm protested the Department of Energy's decision to set aside a solicitation for the Small Business Administration's (SBA) 8(a) program. It also protested the eligibility of another firm for an award under the 8(a) program. The determination to set aside a procurement for the 8(a) program is a matter for the contracting agency and SBA. Whether a firm is eligible for the 8(a) program is also a matter for SBA consideration. GAO does not review these determinations unless it appears that the determination resulted from fraud or bad faith on the part of Government officials. Neither fraud nor bad faith was alleged in this case. Accordingly, the protest was dismissed.