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B-205521.3,B-205521.4 1 (1982-07-26)

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                               4  '1  THE COMPTROLLEFI CINt!RAL/&1X/%
              D)ECISION     .          or THE. UNITED       STAYED      I I3
                                       WASHINGTON, D. C. 20548


              FILE: B-205521.3, B-2055214   DATE; July 26, 1982


              MATTER OF: Computer Data Systems, Inc4--Reconsideration

              DIGEs'r:

                    Prior decision, which sustained a protest
                    against award of a contract under the
                    Small Business Administration's section
                    0(a) program to a firm determined by the
                    SBA Size Appeals Board not to be small,
                    im affirmed where it has not been estab-
                    lished that the decision was based on an
                    error of law or fact.

                    The Small Business Administration (SBA) and
               Systems and Applied Sciences Corporation (SAS'C)
               request that we reconsider our decision in the mat-
               ter of Comuter Data Systems, Inc., B-20552l, June I6,
               1982, 82-1 CPD    * In that &ucsTon, we sustained a
               protest by Computer Data Systems, Inc. against the
               award of a contract to SASC fo. the development and
               maintenance of software systemw for the Navy under
               the SBA's section 8(a) program. We recommended that
               the SBA no longer consider SASC fo the Navy require-
               ment or for any further contracts under the 8(a) pro-
               gram unless the SBA formally reverses the determination
               by the SBA Size Appeals Board that SASC is not a small
               business.

                   On June 30, 1982, SASC filed suit in the United
               States District Court for the District of Columbia for
               declaratory and injunctive relief. sThe case, Systems
               and Applied Sciences Corporation v. Sanders, Civil
               Ac otin o. 82-0157, concerns material issues that are
               the subject of the requests for reconsideration. On
               July 1, 1982, the courteissued a temporary restraining
               order and requested an expeditious decision by our
               Office.

                   The SBA and S1SC contend that our initial decision
              was wrong because, among other things, it erroneously
              relied on Cal Western Packaging Corp. v..Collins,

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