About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-145136 1 (1977-10-31)

handle is hein.gao/gaobadfgy0001 and id is 1 raw text is: StTME COMPTROLLER GENERAL DECISION F . OP THE UNITED STATES W ASHINGTON. D. C. Rs @ FILE: B-145136 DATE: October 31, 1977 MATTER OF: Maybank Amendment DIGEST: 1. Prohibition, contained in Department of Defense (DOD) Apy capriation Act, of payment of contract price differential for relieving economic dislocations must be given effect notwithstanding earlier amendrment to Small Business Act which allows such price differentials to be paid. 2. Where Small Business Act amendment sets forth order of preference for procurement set-aFides, with first priority for labor surplus area set-asides, and where uch labor surplus area set-asides are subsequently pro- hibited by appropriation act provision, remaining order of preferenei set forth in Small Business Act is in effect ''repealed. 3. While order of preferen2e for proc'.irement set-asides set forth in Small Business Act does not control DOD procure- ment because of provison in DOD Appropriation Act, civilian agencies of Government are controlled by such order of pre erence since DOD appropriation act does not apply to them. 4. Prohibition of payment of price differential for relieving economic dislocations does not conflict with Buy American Act preference for domestic over foreign made products. While an award to a labor surplus area firm in accordance with Buy American Act preference serves to relieve economic dislocations, the price differential is paid for the purpose of preferring lomestic products and not to relieve economic dislocations. By letters dated September 14, and September 22, 1977, the Administr¶or, Office of Federal Procurement Policy (OFPP), with the concurrence of the Department of Defense (DOD) and the I Small Business Administration, has requested our opinion whether changes shoul-I be made in the small business and labor surplus area set-aside practices of DOD in light of recent legislation. 'a0

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most