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B-402494 1 (2010-05-14)

handle is hein.gao/gaobadbhh0001 and id is 1 raw text is: 


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A        GA       O                                                 Comptroller General
.,u in  Accountability * Integrity * Reliability                     of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D  ..
          Decision


          Matter  of: DGR  Associates, Inc.

          File:       B-402494

          Date:       May  14, 2010

          Darcy Hennessy, Esq., Hennessy and Boe, PA, for the protester.
          S. Lane Tucker, Esq., Stoel Rives LLP; Wayne A. Keup, Esq.; and William K.
          Walker, Esq., Walker Reausaw for the intervenors.
          Christopher S. Cole, Esq., Department of the Air Force, for the agency.
          Cherie J. Owen, Esq., and Edward T. Goldstein, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Given the unambiguous language of the applicable statutes regarding the Historically
          Underutilized Business Zone (HUBZone) and 8(a) programs, contracting agency,
          before proceeding with an 8(a) set-aside, must first reasonably consider whether the
          conditions for a HUBZone set-aside exist, and, if they do, the agency must proceed
          with a HUBZone set-aside.
          DECISION

          DGR  Associates, Inc. of Dallas, Texas, a Historically Underutilized Business Zone
          (HUBZone)  small business concern, protests the terms of request for proposals
          (RFP) No. FA5004-10-D-0001, issued by the Department of the Air Force for military
          family housing maintenance. DGR argues that the Air Force should have issued the
          solicitation as a HUBZone set-aside rather than setting it aside under the 8(a)
          program.

          We sustain the protest.

          BACKGROUND

          The Air Force, on December 22, 2009, issued the RFP as a set-aside for 8(a) small
          business concerns. The RFP contemplates the award of a fixed-price requirements
          contract for maintenance, inspection, and repair services for military family housing

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