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B-402519 1 (2010-05-14)

handle is hein.gao/gaobadbhi0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Vetcorp, Inc. File: B-402519 Date: May 14, 2010 Ralph C. Thomas III, Esq., Barton Baker Thomas & Tolle, LLP, for the protester. Deborah J. Shoemake, Esq., and Megan 0. Joins, Esq., U.S. Army Corps of Engineers; and Kenneth Dodds, Esq., and John W. Klein, Esq., Small Business Administration, for the agencys. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In a commercial item acquisition under FAR subpart 12.6 where price was the only factor for award, and where all four offerors submitted the same price, the agency reasonably looked to the guidance at FAR § 14.408-6, Equal Low Bids, to determine the award priority among equally low-priced small business concerns. 2. Protest that the agency should have provided the protester with an evaluation preference as a Historically Underutilized Business Zone (HUBZone) small business concern is denied, where the Small Business Act does not permit the application of this preference against small business concerns. DECISION Vetcorp, Inc., of Frederick, Maryland, protests the award of a contract to NaturChem, Inc., of Lexington, South Carolina, under solicitation No. W91278-10-T- 0017, issued by the U.S. Army Corps of Engineers for an aquatic herbicide. We deny the protest. BACKGROUND The solicitation, issued as a combined synopsis/solicitation on the FedBizOpps website pursuant to the Federal Acquisition Regulation (FAR) subpart 12.6, sought unit prices for Aquathol K, an aquatic herbicide. The solicitation incorporated the following standard clauses: FAR clause 52.212-1, Instructions to Offeror--

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