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B-203431 1 (1981-06-18)

handle is hein.gao/gaobabkbj0001 and id is 1 raw text is: UNITED STATES GENERAL ACCcNG OFFICE -, . WASHINGTON. D.C. 20548 orFIcZ OF GENERAL COUNSEL B-203431 June 18, 1981 Benjamin N. Thompson, Esq. 105 East Divine Street P.O. Box 151 Dunn, North Carolina 28334 Dear Mr. Thompson: We refer to your letter of May 22, 1981, on behalf of M&M Services, Inc. concerning the procurement of mess attendant services contracts at Fort Wainwright and Fort Greely in Alaska under section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) (SupT. III 1979). You contend that the procurement will cause undue hardshiD to M&M Services, the incumbent contractor, because it is not qualified for the section 8(a) program, which you sug- gest is a violation of SBA's standard operating proce- dure. You further state that M&M' Services has filed suit in the United States District Court for Alaska arguing that the services should be procured competitively. You request that we investigate the matter and stay any con- tract awards until the court hears your motion for sum- mary judgment in the case. To the extent that you are requesting that we review the merits of the matter under our Bid Protest Procedures, 4 C.F.R. part 20 (1980), it is our policy not to do so where the material issues involved are before a court of competent jurisdiction unless the court requests, expects, or otherwise expresses an interest in our decision. 4 C.F.R. § 20.10. In any case, section 8(a) of the Small Business Act authorizes the Small Business Administration to enter into contracts with any Government agency with procuring author- ity and to arrange the performance of such contracts by letting subcontracts to social>' and economically disad- vantaged small business concerns. The contracting offi- cer is authorized in his discretion to let contracts \4- e~

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