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B-190799 1 (1977-12-22)

handle is hein.gao/gaobadfmx0001 and id is 1 raw text is: 





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 FILE: D-190799                       ATE:  December 2,  1977

 MATTER DF: Steamatic by         S & Tolcser

 DIGEST:

      Whether procurement &hould be iet-aside under section 8(a)
      of Small Business Act and whether concern is eligible for
      and is meeting objectives of 8(a) pTogram are not consid-
      ered by GAO under bid protest procedure.


      Steamatic by N & S Tolcier (Steamatic) protests the award
of a contract for janitorial services for the U.S. Federal
Building, Concord, New Hampshire, under section 8(a) of the Small
Busuines Act, 15 U.S.C. 637(a)(1) (1970).

      Steamatic contends that it was discrliinatorily denied 8(a)
eligibility status by the Small Business Administration (SBA).
It further contends that tward under the 8(a) program should not
be made to the firm which has received the c.aerd for the past 2
years because either (1) the firm should have become a self-
sustaining small business or (2) the fir' is not meetMng the
objectives of the 8(a) program and therefore should be teibinated
from that program.  Finally, Steamatic stats tht  award should
be made under competitive bidding procedureu rathet thin pursuant
to the 8(a) program.

      These are not matters within our bid ?rotest jurisdiction. The
question of whether a firm is eligible for the 8(a) program is a
matter for determination by SBA and not this Office. Tidewater
Proiective Services, Inc., 3-189429, August 19, 1977, 77-2 CPD 131.
Similarly, while the purpose of the 8(a) program is to bring
socially and economically disadvantaged small business concerns to
a self-sustaining competitive level within a reasonable period



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