Protest Against Agency Decision To Make Award Under the 8(a) Set-Aside Program

B-185055: Jun 15, 1976

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The protester objected to the decisions of the Department of Health, Education, and Welfare (HEW) and the Small Business Administration (SBA) to enter into a contract under authority of the 8(a) program. In view of the broad discretion of SBA to enter into contracts with procuring agencies for the purpose of letting subcontracts to 8(a) companies, such set-asides are not reviewed by GAO in the absence of a showing of fraud or bad faith on the part of officials. Since such fraud or bad faith on the part of SBA or HEW was not shown in making the set-aside, the award to the 8(a) company could not be questioned.