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B-200177 1 (1980-09-29)

handle is hein.gao/gaobacusg0001 and id is 1 raw text is: OFFICE OF GENERAL COUNSEL UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 B- 200177 SE P 2 919O Lu-San Enterprises, Inc. 144 Van Dyke Street Brooklyn, New York 11231 Attention: Mr. Joseph DiMare Vice-President Gentlemen: This is in response to your letter of August 25, 1980, in w.hich you requested our consideration of the Department of theArmyk decision to set aside a contract for the procure- ment of custodial servicesjat Fort Monmouth, New Jersey forc (3 socially and economically aisadvantaged contractors under section 8(a) of the Small Business Act. This set-aside, you assert, will have an undue impact upon your business. As we advised your Mr. Phillip Tursi on September 17, 1980, section 8(a) of the Small Business Act, 15 U.S.C. S 637(a), as aimended by Pub. L. 95-507, October 24, 1978, 92 Stat. 1757, authorizes the Small Business Administration (SEA) to enter into contracts with any Government agency with procurement powers and to arrange for the execution of such contracts by letting subcontracts to socially and economically disadvantaged small businesses. Agency contracting officers are authorized in their discretion to let contracts to SBA. In view of this discretionary authority, we do not generally review agency determina- ticns to set aside contracts for section 8(a) awards un- less it appears that the determinations resulted from fraud or bad faith on the part of Government officials. E-Z Tight, Inc., 59 Comp. Gen. 122 (1979), 79-2 CPD 394; American Electronic Laboratories, Inc., B-199390, July 23, 'hlt

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