Opinion for the Court filed by Circuit Judge SENTELLE.
SENTELLE, Circuit Judge:
The Department of Health and Human Services ("HHS") recommended to the Small Business Administration ("SBA") that DAE Corporation, a disadvantaged small business, be awarded a contract under the § 8(a) program of the Small Business Act. 15 U.S.C. § 637(a). The SBA became frustrated with obtaining documents from DAE necessary for a responsibility determination required...
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