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B-199392.2 1 (1980-09-02)

handle is hein.gao/gaobadint0001 and id is 1 raw text is: 7: 1 L DEC FILE: MAT DIGE ,'I L/-' THE COMPTROLLER GENERAL CISION J'~OF THE UNITED STATES WASHINGTON. D. C. 2054. B-199392. 2 TER OF: DATE: September 2, 1980 American Electronic Laboratories, Inc. econsideration ST: Prior decision dismissing protest of section 8(a) set-aside is affirmed upon reconsideration since protester, alleging that procurement is inappropriate for set-aside, that Small Business Administration acted improperly in certifying it could perform contract, and that intended awardee could not perform, has not shown that prior decision was based on error's 'f fact or law. American Electronic Laboratories, Inc. (AEL) rrequests reconsideration of our decision in American Electronic Laboratories, B-199392, July 23, 1980, 80-2 QPD , rin which we dismissed AEL's protest of the Army's setting aside a procurement under section 8(a) of the Small Business Act. The procurement was set aside under section 8(a) (1)(B) of the Act when the Small Business Administra- tion (SBA) certified itself to be competent to perform the contract. See Pub. L. 95-507, § 202, October 24, 1978, 92 Stat. 1761.. Under this section of the Act, Army contracting officers are to enter into an 8(a) contract with SBA whenever SBA certifies that it is competent and responsible to perform the contract. We held that under the circumstances there was no basis for legal objection to the set-aside decisionD The thrust ofrAEL's complaint continues to be that this procurement is too technically complex for small business and that the particular firm which would receive the subcontract is not competent to perform the work. These are matters, however, which

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