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B-292005 1 (2003-05-13)

handle is hein.gao/gaobacyht0001 and id is 1 raw text is: im 7=Accountability * Integrity * Reliability Decision Matter of: Triune Associates File: B-292005 Date: May 13, 2003 Vince Fudzie for the protester. Michael Gurwitz, Esq., Department of Agriculture, for the agency. John W. Klein, Esq., and Kenneth Dodds, Esq., for the Small Business Administration. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Because an agency's choice of a particular North American Industry Classification System (NAICS) code is a matter for review exclusively by the Small Business Administration, protester's argument that acquisition for canned juice could reasonably have been classified under more than one NAICS code will not be considered by the General Accounting Office. 2. Pursuant to Federal Acquisition Regulation § 19.1102(a), it is the NAICS code applied to an acquisition, as opposed to the NAICS code that applies to an offeror, that governs whether a small disadvantaged business price evaluation adjustment applies. DECISION Triune Associates, a small disadvantaged business (SDB) concern, protests the failure of the Department of Agriculture to apply an SDB price evaluation adjustment to its offer under Announcement FV-205, Invitation 052, for canned juice. We deny the protest. Invitation 052, which was issued on January 30, 2003, sought offers for canned juice for distribution to domestic food assistance programs. The invitation sought offers 'The solicitation here was issued pursuant to Announcement FV-205, which sets out the general terms and conditions applicable to acquisitions of canned juice products. (continued...)

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