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ALAL

International Program Group

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Does anyone know if GAO has issued a decision on the request for reconsideration filed by SBA (and the Marine Corps?) in the International Program Group case? This is the case in which GAO and SBA are in disagreement over the priorities, or lack of priorities, among various set-aside programs.

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Both requests for reconsideration were denied. Even though the GAO acknowledge the SBA was "entitled to substantial deference (in interpreting the statute); if the agency's interpretation is reasonable, it should be upheld." ... "We concluded that the SBA's regulatory implementation of the HUBZone and SDVOSBC statutes... was not reasonable and, as a result was not entitled to deference." For the USMC portion, the GAO essentially stated that the agency didn't raise any new issues, and didn't substantiate the impact of not being allowed to submit an agency report on the second protest.

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Both requests for reconsideration were denied. Even though the GAO acknowledge the SBA was "entitled to substantial deference (in interpreting the statute); if the agency's interpretation is reasonable, it should be upheld." ... "We concluded that the SBA's regulatory implementation of the HUBZone and SDVOSBC statutes... was not reasonable and, as a result was not entitled to deference." For the USMC portion, the GAO essentially stated that the agency didn't raise any new issues, and didn't substantiate the impact of not being allowed to submit an agency report on the second protest.

Thank you Velhammer. As far as I've been able to find, those have not been published (at least not yet). Do you know otherwise?

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Thank you Velhammer. As far as I've been able to find, those have not been published (at least not yet). Do you know otherwise?

For the rest of the forum's members: No, the decision has not been posted. As I indicated in a more detailed response to ALAL, the denial for reconsideration adds no real value to the initial decision; except to cause embarrassment to the agency and SBA. I will send it to Admin if the GAO doesn't post at some point in the future.

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