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SMALL BUSINESS ADMINISTRATION - CONTRACTS - CONTRACTING WITH OTHER GOVERNMENT AGENCIES PROCUREMENT UNDER 8(A) PROGRAM - REVIEW BY GAO DIGEST: SELECTION OF CONTRACTOR FOR AWARD UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT IS WITHIN THE DISCRETION OF THE CONTRACTING AGENCY AND THE SMALL BUSINESS ADMINISTRATION (SBA) AND WILL NOT BE QUESTIONED BY GAO ABSENT A SHOWING OF FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT OFFICIALS OR ALLEGATION THAT SBA REGULATIONS HAVE BEEN VIOLATED. THE CONTRACTING OFFICER IS AUTHORIZED "IN HIS DISCRETION" TO BE AGREED UPON BY THE PROCURING AGENCY AND SBA. OUR OFFICE WILL NOT QUESTION THE SELECTION OF AN 8(A) CONTRACTOR UNLESS THE PROTESTER EITHER DEMONSTRATES FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT OFFICIALS OR ALLEGES THAT APPLICABLE REGULATIONS HAVE NOT BEEN FOLLOWED.

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B-216374, SEP 21, 1984, 84-2 CPD 328

SMALL BUSINESS ADMINISTRATION - CONTRACTS - CONTRACTING WITH OTHER GOVERNMENT AGENCIES PROCUREMENT UNDER 8(A) PROGRAM - REVIEW BY GAO DIGEST: SELECTION OF CONTRACTOR FOR AWARD UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT IS WITHIN THE DISCRETION OF THE CONTRACTING AGENCY AND THE SMALL BUSINESS ADMINISTRATION (SBA) AND WILL NOT BE QUESTIONED BY GAO ABSENT A SHOWING OF FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT OFFICIALS OR ALLEGATION THAT SBA REGULATIONS HAVE BEEN VIOLATED.

KOBA ASSOCIATES, INC.:

KOBA ASSOCIATES, INC. (KOBA), PROTESTS THE SMALL BUSINESS ADMINISTRATION'S (SBA) SELECTION OF ANY OTHER FIRM FOR THE AWARD OF A CONTRACT FOR LOGISTICAL SUPPORT SERVICES TO THE DEPARTMENT OF ENERGY (DOE) UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT, 15 U.S.C. SEC. 637(A) (1982). KOBA ALLEGES THAT IT HAS SATISFACTORILY PROVIDED THESE SERVICES TO DOE UNDER THE PREDECESSOR CONTRACT NO. DEAC01-82ER30033.

SECTION 8(A) OF THE SMALL BUSINESS ACT AUTHORIZES SBA TO ENTER INTO CONTRACTS WITH ANY GOVERNMENT AGENCY WITH PROCURING AUTHORITY AND TO ARRANGE FOR THE PERFORMANCE OF SUCH CONTRACTS BY LETTING SUBCONTRACTS TO SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS CONCERNS. THE CONTRACTING OFFICER IS AUTHORIZED "IN HIS DISCRETION" TO BE AGREED UPON BY THE PROCURING AGENCY AND SBA. IN LIGHT OF THIS DISCRETION, OUR OFFICE WILL NOT QUESTION THE SELECTION OF AN 8(A) CONTRACTOR UNLESS THE PROTESTER EITHER DEMONSTRATES FRAUD OR BAD FAITH ON THE PART OF GOVERNMENT OFFICIALS OR ALLEGES THAT APPLICABLE REGULATIONS HAVE NOT BEEN FOLLOWED. ARAWAK CONSULTING CORP. 59 COMP.GEN. 522 (1980), 80-1 CPD PARA. 404. SINCE KOBA DOES NOT ALLEGE EITHER BASIS HERE, WE WILL NOT CONSIDER THE PROTEST.

WE DISMISS THE PROTEST.

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