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B-184844 1 (1976-02-02)

handle is hein.gao/gaobaddrh0001 and id is 1 raw text is: DECISION FILE: B-184844 STHE COMPTROLLER GENERAL . .OF THE UNITED STATES WASH IN GTON, O.C. 2054 8 DATE: February 2, 1976 MATTER OF: W. E. Yoder, Inc. DIGEST: Protest against award of contract to Small Business Administration under section 8(a) of Small Business Act is denied since records show that set-aside deter- mination was reasonable exercise of administrative discretion. c~q(5~7 This protest involves the Navy's determination to award a contract to the Small Business Administration (SBA) under section 8(a) of the Small Business Act, 15 U.S.C. 637(a) (1970 ed.). W. E. Yoder, Inc. (Yoder) contends that, because it has been very active in bidding for this type of contract (maintaining and inspecting railroad and crane trackage at the U.S. Navy Base, Philadelphia, Pennsylvania), and because such contracts have been competitively bid in the past, the procurement's removal from the competitive arena will do Yoder irreparable harm. The Navy reports that it had planned to advertise this procurement when the SBA proposed that the project be performed under section 8(a) of the Small Business Act. 15 U.S.C. 637(a) (1970 ed.). The proposed contractor is Diaz Contracting Inc., which company presently is performing the work as obtained through formal advertising. Since this work is being performed in a satis- factory manner, the Navy states that it has no objection to the 8(a) award or to the selection of the proposed contractor. In addition, the record shows that SBA determined thatthe proposed 8(a) set aside will not have a sizeable impactupon/the protester's! company. Under its standard operating procurements (SOP 60-41, Revision 1), SBA will not seek to obtain an 8(a) award if such action may result in major hardship to a small business firm. Since Diaz is the incumbent contractor and would not be displacing a small business, SBA concluded that the set-aside was proper in accordance with its SOP. - 1 - ,-, _C__4_

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