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B-178321 1 (1973-08-31)

handle is hein.gao/gaobaadhc0001 and id is 1 raw text is:               C  .                       ,,   4
                COMPIrROLLER GENERAL. oF THE UNITED STATES
                          WASHINGTON P.9M W54g


 Sol=                                       AUG 3 1 1973



 h   Tatk FWWIC. En   es CL     b Zi.
 362 Van rnt Street
 kclpa,(  New York 11231

     AttectiaunIt'. Richard A. Pntcn

 Gent)eu I
     this is In reply to 7inr letter of' 7tu, T# 1973p aS prior
 cor. expndence9rrotetinw.th proposed swaAj-of a contract for
 mortuarye      Teb by Fort Haailton, tNo  York# to the Smfl Dzzsiness

 Adatnitration (SM) untder Sectice 13(a) ot the S BuUilmas Act
     Th   A lates to, sbcontract aU of the services under this
 eatmt to an elMibledadbzteed campany purant to the provisions
 of Section 8(n) of the Acot, Your protest is baset on the allegation that
 sh actlon   ou  ditacriminate e Ainat the =atI business concer=ns bch
 haw enW    3d the contract in tho past and, s coatly, that no im.act
 sti  was perfon-d prior to the deterdnation to sot aside the contrct
 for purpones of 8(a) avhotraetuin. Yoa ure the present contractor under
 the expiring contrat and desir an opporttmity to ccto for tM e    It
 cotract,
     Section 8(a) of th Smflineas Act crpw rsUM to enter into
 contracts vith awy overmnit aency having p4'ouremnt powers, and the
 contracting oftloer of such aeay Is authorired in his discretion to
 let the contract to SrA %u such term snd conition as wy be agreed
 tpon botween  A &nd the procurv agency.     ecause the statute is coucht
 in general terms, the SMp pursuant to the above-refernced statute, bas
 promulgated standards cAu regulations to implent the 8(a) pron whicht
 reaulation are cotted in Title 13, Chaptr i Part 124 of the Code oi'
 Federal JMsuatlons. Under thenaegiflatiow  the OMA has determinad tbmt
 accerns mned aMcontrolled by ,ocially or econcuically disadvmntaged
 persons should be the beneficiarle  o the 8(a) program in cwder for suab
 firm to achien a ocuwtitive roaitiom In the mkst plan. 13CM
 ,1281 1(b).
     As regards   r    br o irttog that tiN aoic   take by1 M 3  L
discrimi   a nr.raInct other cmt1 tuzineon ±'.rr, ) y.,r atnion is
directd to twabldingj or the Unitod tates Court of ,.ppeals, Fifth

                                                    p.USlDDEQSIO?

                             '53/NIP..

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