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B-190957 1 (1978-01-13)

handle is hein.gao/gaobadfob0001 and id is 1 raw text is: Is I O J t THE COMPTAO ;ENERAL DEClSI. OF THU UNIT' .. BTATEE WASHINGTON, 0, C. 20542 FILE: B-190957 DATE: January 13, 1978 MATTER OF: Tidewater Protective Services, Inc. UJGEST: j 4 AAlleged violations by SBA of internal procedures under 8(a) program cannot be reviewed by GAO since GAO may review SBA determinations under 8(a) program only if SBA has not followed its regulations and no violation of regulations has been alleged by protester. Tidewater Protective Services, Inc. (Tidewater) provided janitorial and mess attendant services for the Department of the Air Force at Langley Air Force Base under the section 8(a) subcontracting procedures of the Small Business Act (15 U.S.C. S 637(a) (1970), as amended by Pub. L. 95- 89, 91 Stat. 551, approved August 4, 1977) and implementing regulations (13 C.F.R. S 124.8-1 (1977)). Tidewater protests the Small Business Administration's (SBA) alleged failure to provide it with an opportunity to appeal the SBA decision to terminate its eligibility under the 8(a) program. It contez:ds that the SBA has acted contrary to established SBA procedures, and there- fore, there should be no new award until Tidewater has had an opportunity to present its case before the Board of 8(a) Appeals. Tidewater also contends that SBA has violated its standards by negotiating with a potential B(a) contractor whiLh is not domicileC withiin the region which has jurisdcction over the particular military instal- lation where the work is to be conducted. Our review of SBA action under the 8(a) program is limited to determining whether SBA has followed its regulations governing matters of this nature. Search Patrol Agency, Inc., Coastal Services, Inc., B-182403, April 3, 1975, 75-1 CPD 196. Moreover, we have held that because of the broad discretion afforded the SBA under the applicable scatute, judgmental decisions under section 8(a), absent a showing of fraud or bad faith on the part of Government officials will not be questioned. Jets - 1 - 1 19

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