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B-401017.2 1 (2009-04-16)

handle is hein.gao/gaobadauu0001 and id is 1 raw text is: JlL A , GA O Comptroller General 7A Accountabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: FPM Remediations, Inc. File: B-401017.2 Date: April 16, 2009 Traeger Machetanz, Esq., and Jonathan A. DeMella, Esq., Oles Morrison Rinker & Baker LLP, for the protester. Thomas J. Kelleher Jr., Esq., and Douglas P. Hibshman, Esq., Smith Currie & Hancock LLP, for Zapata, Inc; Pamela J. Mazza, Esq., Jonathan T. Williams, Esq., Isaias Alba IV, Esq., and Steven J. Koprince, Esq., PilieroMazza PLLC, for LATA- Matrix Environmental and Munitions Services, LLC; William H. Gammon, Esq., Nelson Mullins Riley & Scarborough LLP, for Advent Environmental, Inc.; William T. Welch, Esq., and Douglas W. Callabresi, Esq., General Counsel PC, for Earth Resources Technology, Inc., the intervenors. Madeline L. Shay, Esq., Army Corps of Engineers; and Laura M. Eyester, Esq., Small Business Administration, for the agencies. Paula A. Williams, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly failed to consider protester for award of a small business contract is dismissed where the solicitation anticipated awards in multiple small business subcategories, and additional awards for up to three remaining small businesses, and where the protester initially received award of a Historically Underutilized Business Zone (HUBZone) contract, and hence was not considered for one of the remaining small business awards; the fact that the protester was subsequently decertified as a qualified HUBZone small business concern in no way renders the agency's earlier small business awards improper--if anything, the protester's failure to receive a small business award resulted from its inaccurate representation that it was eligible for a HUBZone award, not from any violation of procurement law or regulation by the agency. DECISION FPM Remediations, Inc. of Rome, New York protests the decision by the Army Corps of Engineers not to award FPM a small business contract under request for proposals (RFP) No. W912DR-08-R-0002, to provide environmental support services.

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