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B-194053 1 (1979-07-19)

handle is hein.gao/gaobadhkp0001 and id is 1 raw text is: DECISI311 O FILE: B-194053 NMWDEb : 7, THE COMPTROLLER GENERAL 7 K OF THE UNITED STATES WASHINGTON, O.C. 20548 FAM July 19, 1979 Orincon Corporation DIGEST: 1. Question of whether firm is eligible for assistance under section 8(a) of Small Business Act is basically matter for deter- mination by Small Business Administration and is not subject to legal review by GAO. 2. GAO review of Small Business Administration (SBA) action under 8(a) program is limited to determining whether SBA has followed its regulations. Where firm was determined eli- gible and accepted into 8(a) program based on social disadvantage alone and law and regulations were subsequently changed to re- quire both social and economic disadvantage, recommendation is made to SBA to review firm's eligibility to determine if it should be allowed to continue to participate in 8(a) program or if participation should be terminated in accor- dance with present law and regulations. Orincon Corporation (Orincon) protests the award of a subcontract y ,t mall Business Administration (SBA) to Scient s Aems, Inc. (Scientific), under request for proposals F33615-79-R-3014 issued by Wright-Patterson Air Force Base, Ohio. The solicita- tion, which calls for a study to develop optimization techniques applicable to flight performance analysis methods, was set aside by the Air Force for minority business enterprises pursuant to section 8(a) of the Small Business Act, 15 U.S.C. § 637(a)(1) (1976). Orincon contends that Scientific does not qualify as a section 8(a) minority business enterprise. In support of this contention, Orincon alleges that the principals of Scientific are not economically and socially deprived and that they are aliens, being citizens of India. In addition, Orincon claims that Scientific has become a self-sustaining, competitive entity and, therefore, does not need procurement assistance from the Government. [4LF-& Thc- P - 't%; . / S /V) / A)e -7 TH ?,I-'T-

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