B-189615, B-189612, AUGUST 22, 1977
Highlights
SINCE DETERMINATION TO SET ASIDE PROCUREMENTS AND TO AWARD CONTRACTS UNDER SECTION 8(A) OF SMALL BUSINESS ACT IS MATTER FOR CONTRACTING ACTIVITY AND SBA. PROTESTS RELATED THERETO WILL NOT BE REVIEWED BY GAO. THE CONTRACTING OFFICER OF SUCH AGENCY IS AUTHORIZED "IN HIS DISCRETION" TO LET THE CONTRACT TO THE SBA UPON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BETWEEN THE SBA AND THE PROCUREMENT ACTIVITY. WE BELIEVE THAT A DETERMINATION TO SET ASIDE A PROCUREMENT AND TO AWARD A CONTRACT UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT IS FOR THE CONTRACTING AGENCY AND THE SBA AND WILL NOT BE REVIEWED BY OUR OFFICE. WE NOTE THAT THE MORATORIUM WAS CANCELED ON JULY 25. WE WILL NOT ENTERTAIN THE PROTESTS.
B-189615, B-189612, AUGUST 22, 1977
SINCE DETERMINATION TO SET ASIDE PROCUREMENTS AND TO AWARD CONTRACTS UNDER SECTION 8(A) OF SMALL BUSINESS ACT IS MATTER FOR CONTRACTING ACTIVITY AND SBA, PROTESTS RELATED THERETO WILL NOT BE REVIEWED BY GAO.
TRANSCONTINENTAL, INC.:
TRANSCONTINENTAL, INC., PROTESTS THE PROPOSED CONTRACT AWARDS BY MCCLELLAN AIR FORCE BASE AND EGLIN AIR FORCE BASE UNDER THE 8(A) PROGRAM OF THE SMALL BUSINESS ADMINISTRATION (SBA) IN VIEW OF THE SBA ADMINISTRATOR'S DECISION, DUE TO FRAUDULENT MISREPRESENTATIONS MADE BY SOME 8(A) CONTRACTORS, TO BAR FUTURE ENTRY INTO AND COMPLETION OF THE PROGRAM BY ANY FIRM UNTIL A REVIEW HAS DETERMINED THE FIRM TO BE ELIGIBLE TO TAKE PART IN THE PROGRAM.
SECTION 8(A) OF THE SMALL BUSINESS ACT, 15 U.S.C. 637(A) (1970), 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 THE SBA UPON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BETWEEN THE SBA AND THE PROCUREMENT ACTIVITY. IN VIEW OF THE BROAD DISCRETION AFFORDED UNDER THE ACT, WE BELIEVE THAT A DETERMINATION TO SET ASIDE A PROCUREMENT AND TO AWARD A CONTRACT UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT IS FOR THE CONTRACTING AGENCY AND THE SBA AND WILL NOT BE REVIEWED BY OUR OFFICE. JET SERVICES, INC., B-186066, MAY 4, 1976, 76-1 CPD 300.
ENFORCEMENT OF THE MORATORIUM ISSUED BY THE SBA ADMINISTRATOR WOULD BE FOR THE SBA AND NOT OUR OFFICE. FOR INFORMATIONAL PURPOSES, WE NOTE THAT THE MORATORIUM WAS CANCELED ON JULY 25, 1977.
CONSEQUENTLY, WE WILL NOT ENTERTAIN THE PROTESTS.