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B-195351.2 1 (1980-04-30)

handle is hein.gao/gaobabjtg0001 and id is 1 raw text is: ... -. /J6Y:' 0 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-195351.2 April 30, 19b0 VThe Honorable A. Vernon Weaver Administrator, Small Business Administration Dear Mr. Weaver: This is our response to your General Counsel's request for reconsideration of our decision, B-195351, dated January 21, 1980, on the claim of the Security i26o-6 77 Bank & Trust Company, Lawton, Oklahoma (Bank), against the Small Business Administration (SBA) arising from an 8(a) contract arrangement involving Bluford Ser- PL7 vice Company (Bluford) for food services-ot--ES--, trl lma. Th 7factual basis for that decision was provided by documented reports from the SBA and the Department of the Army, and there we considered the positions of all parties. After considering the additional points presented by the SBA and the Bank, we affirm our earlier conclusion that the Government is not liable to the Bank. The facts are undisputed. Under the provisions #Pd of section 8(a) of the Small Business Act, the SBA '7yD-o entered into a prime contract with the Army and the SBA entered into a subcontract with Bluford. Bluford was to provide services at Fort Sill. Based upon a valid assignment of contract proceeds, the Bank granted a line of credit to Bluford in the amount of $80,000 to be repaid from the semimonthly contract payments each of which exceeded $80,000. The assign- ment authorized and directed that contract payments be made directly to the Bank. Originally, the prime contract covered the period from October 1, 1976, through September 30, 1977, but the contract period was extended by contract modifications through September 30, 1978. A February 25, 1978, modifica- tion provided that the contract could be terminated for the convenience of the Government in the event that a contract was awarded under a then pending solicitation at any time prior to September 30, 1978.

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