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B-400278,B-400308 1 (2008-09-19)

handle is hein.gao/gaobadaov0001 and id is 1 raw text is: 


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A     ,   GA       O                                                  Comptroller General
       Acc untabiity * Integrity * Reliability of the United States
 United States Government Accountability Office
 Washington, DC 20548

             D   ..
          Decision


          Matter of:  International Program Group, Inc.

          File:       B-400278; B-400308

          Date:       September  19, 2008

          Leonard Holzworth for the protester.
          Major Matthew J. Kent and Theresa M. Young, Esq., United States Marine Corps, and
          John W. Klein, Esq., and Laura Mann Eyester, Esq., Small Business Administration,
          for the agencies.
          Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Given the unambiguous language of the applicable statutes regarding the
          Historically Underutilized Business Zone (HUBZone) and service-disabled
          veteran-owned small business concern (SDVOSBC) programs, contracting agency,
          before proceeding with an SDVOSBC set-aside, must first reasonably consider
          whether the conditions for a HUBZone set-aside exist, and, if they do, agency must
          proceed with a HUBZone set-aside.

          2. Protests challenging agency's decision to acquire services through SDVOSBC
          set-asides are sustained where the agency failed to reasonably consider the
          possibility of a HUBZone small business set-aside, by failing to make a reasonable
          inquiry into the availability of HUBZone small businesses.
          DECISION

          International Program Group, Inc. (IPG), a Historically Underutilized Business Zone
          (HUBZone)  small business, protests the decision of the United States Marine Corps
          (USMC)  to issue order No. M00681-08-P-0296 on a sole-source basis to Veteran
          Government  Services (VGS), a service-disabled veteran-owned small business
          concern (SDVOSBC),  and to set aside for competition restricted to SDVOSBCs
          solicitation No. M00681-08-T-0101. Both the order and the pending solicitation are
          for support services for pre-deployment training exercises.


We sustain the protests.

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