About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-190360 1 (1977-10-21)

handle is hein.gao/gaobadfex0001 and id is 1 raw text is: I DECIIN FILE: 3-190360 i p HE COMlerODLL.UN SENEMAL . or THK UVJIT E *TATEU NAUHINGTON, D.C. m001 DATE: October 21,'1977 MATTER OF: M.iti-fac Service Corporation DIGEST: Since nothing in Small Business Act or procurement regulation. uandates that any particular procurement be met asise for small business and since GAO will nout review agency's determination not to make 8(s) award for given procurement, c61tencon that particular procurement should have been made under 8(a) program vill not be considered. Multi-Mac Service Corporation (Multi-Mac) protests the award of a smai.dialaitorial services contract at the Datfense General Supply Center, Zichmond, Virginiq, to another firm. Multi-Mac was the incumbent pursuant. to 8(a) 'taward but was informed that another firm was awarded a 90-da >public exigency contract with work thereunder beginning on October 11, 1977. Multi-Mae.contends thzt the purpose of the 8(a) program ic t, enable minority con- tractors to secure Government contracts without competition and that it was willing to continue negotiations to arrive ac another 8(a) award but the contracting officer failed to negotiate in good faith. Dutr decision in Tidewater Frotective Services. Inc., 56 Comp. Gen. 115 (1976), 76-2 CPP 462, summarizes our position concerning protests like Multi-Mac's--that a ceartain procurecant should be a small busness set-uside or an 18(a) contract--as follows: (1) nothi g in the Small Business Act or procuriment regulations akesi; mandatory that there be a set-aside for small business as to any particular procurement; and (2) an agency's decision not to make an 8(a) award for a given procurement will not be reviewed by our Office. Protest dismissed. Paul G. De ling General Counsel - 1 - .2 LI L O' ft' 0C) I 4A,