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B-212082, JUL 6, 1983

B-212082 Jul 06, 1983
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DIGEST: GAO WILL NOT REVIEW THE SMALL BUSINESS ADMINISTRATION'S COMPLIANCE WITH ITS OWN INTERNAL GUIDELINES FOR THE SMALL BUSINESS ACT'S SECTION 8(A) PROGRAM ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT OFFICIALS LOGISTICAL SUPPORT INC.: LOGISTICAL SUPPORT INC. LSI STATES THAT IT IS AN INCUMBENT SMALL BUSINESS CONTRACTOR AND THAT IT WILL "SUFFER MAJOR HARDSHIPS" IF THE PROCUREMENT IS LIMITED TO THE 8(A) PROGRAM. WE WILL NOT REVIEW SBA'S COMPLIANCE WITH THOSE INTERNAL PROCEDURES ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH. THE PROTEST IS DISMISSED.

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B-212082, JUL 6, 1983

DIGEST: GAO WILL NOT REVIEW THE SMALL BUSINESS ADMINISTRATION'S COMPLIANCE WITH ITS OWN INTERNAL GUIDELINES FOR THE SMALL BUSINESS ACT'S SECTION 8(A) PROGRAM ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT OFFICIALS

LOGISTICAL SUPPORT INC.:

LOGISTICAL SUPPORT INC., (LSI) PROTESTS THE U. S. COAST GUARD'S DECISION TO AWARD A CONTRACT TO THE SMALL BUSINESS ADMINISTRATION (SBA) PURSUANT TO SECTION 8(A) OF THE SMALL BUSINESS ACT (ACT), 15 U.S.C. SEC. 637(A) (SUPP. IV 1980). LSI ASSERTS THAT THE SBA HAS FAILED TO FOLLOW ITS OWN RULES AND REGULATIONS, PARTICULARLY WITH REGARD TO PERFORMING AN IMPACT ASSESSMENT REGARDING THE EFFECT OF AN 8(A) AWARD ON OTHER SMALL BUSINESSES. IN THIS REGARD, LSI STATES THAT IT IS AN INCUMBENT SMALL BUSINESS CONTRACTOR AND THAT IT WILL "SUFFER MAJOR HARDSHIPS" IF THE PROCUREMENT IS LIMITED TO THE 8(A) PROGRAM.

WE DISMISS THE PROTEST.

THE ACT AFFORDS THE SBA AND THE CONTRACTING AGENCIES BROAD DISCRETION IN SELECTING PROCUREMENTS FOR THE 8(A) PROGRAM. WHILE THE SBA'S STANDARD OPERATING PROCEDURE (SOP) DOES PROVIDE FOR SBA'S MAKING AN IMPACT ASSESSMENT, THE SOP REPRESENTS INTERNAL SBA POLICIES AND GUIDELINES, AND WE WILL NOT REVIEW SBA'S COMPLIANCE WITH THOSE INTERNAL PROCEDURES ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH. M G L CONSTRUCTION, INC., B-210766.2, APRIL 25, 1983, 83-1 CPD 454. LSI HAS NOT ALLEGED FRAUD OR BAD FAITH HERE. ACCORDINGLY, THE PROTEST IS DISMISSED.

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