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B-199899 1 (1980-10-21)

handle is hein.gao/gaobabjxa0001 and id is 1 raw text is: GAO 1 ?F United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply .. Refer to: B-199899 Preston A. Davis, Director Office of Small and Disadvantaged Business Utilization Department of Agriculture Washington, D.C. 20250 Dear Mr. Davis: Your letter of August 6, 1980, requests our guidance as to whether a contracting officer may negotiate, either before or after award, the terms of a small and disadvan- taged business subcontracting plan submitted by the low bidder in a formally advertised procurement pursuant to section 211 of Public Law 95-507, October 24, 1978, 92 Stat. 1757, which amends section 8(d) of the Small Business Act, 15 U.S.C. § 637(d).(1976). You point out that the implementation of the statute by the Office of Federal Procurement Policy (OFPP) in Policy Letter 80-2, 44 Fed. Reg. 31028 (May 9, 1980) only instructs contracting officers to refer to the Small Business Administration (SBA) for review any plan received from a low bidder which, in the opinion of the contracting officer, does not reflect the bidder's best efforts to award subcontracts to small and disadvantaged firms to the greatest extent practicable. While section 211 of Public Law 95-507 does not address the matter, its legislative history indicates that Congress intended that contracting officers not negotiate to acceptability before award unsatisfactory subcontracting plans submitted by low bidders. S. Rep. No. 95-1140, 95th Cong. 2d Sess. 5-7 (1978). OFPP Policy Letter 80-2 reflects that intention by providing that the referral to the SBA, a process designed to allow the SBA to monitor the number of those occurrences and later report them to Congress, should not delay award of the contract. Thus, there is also no necessity J.2

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