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[Protest of Army Decision To Set Aside Contract Under SBA 8(a) Program]

B-212596: Aug 15, 1983

A firm protested the Army's decision to set aside a contract under the Small Business Administration's (SBA) 8(a) Procurement Program, the subsequent award of that contract to a company that had participated in open competitive bidding, and the failure of SBA to perform an impact assessment regarding the effect of an 8(a) award on the awardee's business posture. GAO stated that section 8(a) of the...

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B-212596, AUG 15, 1983

B-212596: Aug 15, 1983

ARE MATTERS FOR THE SBA. WHICH GAO WILL NOT REVIEW ABSENT A SHOWING OF POSSIBLE FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT OFFICIALS OF A VIOLATION OF APPLICABLE REGULATIONS. THE CONTRACTING OFFICER IS AUTHORIZED "IN HIS DISCRETION" TO LET A CONTRACT TO THE SBA UPON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BY THE PROCURING AGENCY AND THE SBA. THE PROTEST IS DISMISSED...

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